URGENT HELP NEEDED - L1 to H1B

H

helixuser

New Member
I had an H1B approved with Company A in 2005 which is valid till 2007. I went for stamping in India for H1B and got is stamped in March 2005.

But later I cam to USA on L1B visa with Company B. I didn't travel to USA on my H1b and didn't use it at all. Not I am in USA on L1b for the past 1 year.

If I need to apply for H1B now, will I come under the quota? If I apply now should I wait till October to start working?

If I don't come under quota, can I apply for the same from India (assuming I am going back to India this month) and come back to USA once it is approved?

Please let me know
 
You will not come under H1b quota.
If your h1b employer didn't cancel your h1b, then it is still valid, but not active. You will have to apply for change of status from L1b to h1b and can start working after that. If you do it from india, then you will have to go for h1b stamping again.
 
I agree with UN. I have yet heard very clear interpretation on whether one is exempt from quota if one has approved H1, but never been on H1 status in the US.
 
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