Transfer L1-B to H1-B (Expired H1-B - Used for 2 Years)


I have an expired H1-B. Below are the details :
Issue Date : 13-Oct-2007
Expiration Date : 18-July-2010

I worked on H1-B through “Employer A” from Dec-2007 to Jan-2010. After that i went back to India. I was in India for 1 and half year.

After that i came to to USA in June-2011 and currently i am on L1-B through the same Employer i.e. “Employer A”.

Can I apply my new H1-B as CAP exempt through “Employer B” ?
or Can i transfer my L1-B to H1-B through “Employer B”?


If you are currently in US and you do not want to leave the country then you can apply for L1 to H1 change of status. Your status would change automaticaly from L1 to H1 from the date your petition is approved.

If you intend to get the stamping done then you can apply for H1 any time with counsular processing. This way even if your H1 is approved your status would remain L1 till the time you move out of the country, get H1 stamped and come back again.

In either case you should be considered cap exempt and you may not need to wait till October 1 to start working.