H1B recapture

[L1A_to_H1B]

Hi All,

I had an H1B petition which I used for 21 months.

Petition started in 2005 and my last status on it was on Jan 1st 2009.

Later on I was on L1 status from same employer for 38 months ( May 2010 to July 2013).

Now I am looking for possibility to recapture remaining part of H1B petition.

Please suggest if this case would fall under annual cap or not.

Thanks for valuable feedback.

[jairichi]

You will be considered cap exempt and you are eligible for 6 years - total stay in US on H1B and L1.

[L1A_to_H1B]

Hi - thanks for valuable feedback.

Does exempt status hold even if beneficiary

has neither been counted against the H1B Cap quota within the last six years nor has held H1B status within the last six years ?

Thanks

[jairichi]

Hi - thanks for valuable feedback.

Does exempt status hold even if beneficiary

has neither been counted against the H1B Cap quota within the last six years nor has held H1B status within the last six years ?

Thanks

If you are cap counted once and have not exceeded 6 years stay on H1B and L1 then you are cap exempt.

[L1A_to_H1B]

Hi Jairichi,

Thanks for your replies and continued explanations.

However I heard that individual should hold H1B status in past 6 years.

What this means is that Cap exemption remains valid in 6 years bracket, either from start date of H1B petition or from end date. (Not sure !! )

Please suggest.

Thanks