Legal Question in Immigration Law in Ohio

I got my H1B back in 2002 which got expired in 2005. I traveled to the US twice; once for 1 months and once for 7 months. Thus utilizing only 8 months out of 3 years.

After that I was there in the US from Sept 2006 till March 2013 on L1A (6.5 Years).

My question is; is it possible to revive my old H1B which I had used only for 8 months and can I transfer that H1B to another employer.


Asked on 12/28/13, 12:21 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

No. You can only be in continuous H-1B or L-1A status for 6 years at a time, cumulatively. The only way you could change status to H-1B at this point is if you had an approved I-140 petition & your priority date was not current (or a labor certification has been pending over one year, which is not likely, unless it was audited).

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Answered on 12/29/13, 6:49 pm


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