L1B to H1 Conversion (Quota exempt)

sharpaxe

New Member
Hi,

I am currently in the US on an L1B visa and my 5 years are going to be up in Aug 2010. My company is willing to file for an L1B to H1 transfer. I also have an H1 petition that was approved in 2005 and got expired in 2008. I never used the H1 (never got it stamped) and never got an extention.

My question is if I apply for L1B to H1 transfer will my case fall under the H1 quota exempt category (since I already have a approved H1 petition) or will I need to apply for a fresh H1, since my current H1 petition has expired (the H1 cap has already been reached this year, so I guess I can't do this anyways).

Would appreciate your response....thanks!!
 
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