Immigration Issues/L2 to H1



I am in USA from Sep 2005 on L2 and have been working on L2 EAD. I have applied for H1 in Aug 2005 before coming to USA. I got the approval but did not change my status. I also got my employer applied for H1 April 2007....which I have no idea would be selected in lottery.

1. Can I use the old H1 from Aug 2005, which is with a seperate company(never used it and never worked for the company) to my present company as transfer.

2. Will there be any issues to use an old H1B and get it transfered.

Your suggestions are appriciated.

Dear Laxmi:

Our firm has used the prior H-1B approval to claim cap exemption. But you would need to get the H-1B approved before you start working under the H Category. In other words you cannot use the AC21 porting benefit.
Ramasamy Krishnan
9801 Westheimer
Suite 302
Houston, TX 77042

Immigration Issues

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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