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  1. #1
    Join Date
    Feb 2010
    Posts
    2

    Default Adjustment of Status, L1 to H1

    I came to US on a L1B visa (Employer A) and later got my H1 with COS approved (Employer B).

    I could not join Employer B on H1 Visa so, I chose to go back to my home country and get a new L1B stamped (Employer A). There was a lapse in COS and me going out for stamping - from Oct'07 to Jan'08 -> I don't know if I was out of status or in illegal status (working for L1 employer even though I was on H1 technically).

    Later in 2008, my Employer B said that he had withdrawn the H1 petition by writing to USCIS and sent my original H1 approval copy.

    Now, If I wish to join Employer C, can "C" file a COS on my original H1 petition along with transfer to C ?? (Since I never worked for B on H1 petition, I hope my current paystubs would do good) ??

    Is my H1 still valid even though Employer B has withdrawn/ revoked ? Will I exempt from CAP since I already have approved H1 petition even though I never used it ?? I still have 2 years left on my six year term...

    Experts views, highly appreciated.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Adjustment of Status, L1 to H1

    You need to figure out if you overstayed.

    If your H1 was withdrawn and revoked, your new employer will have to petition for an H1. As you've been counted toward the cap within the past six years, you should be exempt from the cap.

  3. #3
    Join Date
    Feb 2010
    Posts
    2

    Default Re: Adjustment of Status, L1 to H1

    Mr. Knowitall,
    Thanks for the response.

    that means, my new employer has to still file for new h1 petition but, would not be cap counted. Is it not some thing like h1 transfer with change of status.. 'coz I read some where that even h1 transfer is more or less like applying for new h1 petition which is a non-cap one.. I could be wrong.. anyways.. thanks for the response...

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