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Immigration Issues/H1 expired , L1 to h1 transfer


I was in USA in feb 2006 on H1B visa.then i returned in May 2006. Then my h1b visa expired on 30th march 2008. I have now come to usa on L1B in this april 2008. I have cleared an interview with a company who is ready to sponsor my H1B visa transfer. Can i use my old expired H1B as it was for 3 years (also was not in quota system)only for the transfer so that i can immediately join the company.
Can you please help me to know if this is possible.


If your old H1b was with a cap exempt employer then you cannot get an H1B at this time because you are subject to the quota. On the other hand, if you have been counted against the cap then you can only work for new company if and when your H1B gets approved.
Good Luck
Mark Ashley

Immigration Issues

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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