My H1B I-797B petition is valid from 10/2007 to 10/2010 which is over now. I have entered US in MAR/2013 under L1A Visa. If I want to apply for new h1b 2014, will my application comes under quota or exempted from the quota as I have had h1b approved which is not used. Please advise
The USCIS rule must be reviewed carefully here. It says you are not subject to cap if you were previously counted against the cap and approved. So that part clears you. However, the rule also says this is supposed to benefit those currently in H-1B status; you are on L-1A. Check with a competent lawyer but don’t pay them money for answering you. Tell them you will come back to them for H-1B help if the answer is ‘yes’.
All the best
Dr. Sandeep Shankar, Colorado Heights University, Denver, CO 80223, USA. www.chu.edu; sshankar@chu.eduThanks Sandeep. I agree but it looks the case can be filed stating the fact that H1b was not issued and can be considered. Murthy Law Firm and another known employer has processed similar cases in the past and they got approved. I have confirmation on this from three different reputed law firms.
can you let us know what happened to your case? help a brother out! thanks! i am on the same boat
can you let us know what happened to your case? help a brother out! thanks! i am on the same boat so am curious to what happened