Request for Advice : L1A to H1B CAP Exempt


Recommended Posts

Dear fellow members,

Appreciate if you could provide some guidance on my case.

My Case:
Question : Would I be able to change the employer [From L1A to H1b-cap exempt] now?

  My US Stay Part 1:

  • Had a H1B stamped[never used to enter in US] with company A [2004].Left company A in 2004 [india]
  • Came to US in Oct 2005 on L1B visa for company B
  • Switched Company-C by change of status [L1b to H1b]-Jan 2007
  • Switched Company D in June 2007-this company filed my PERM as well as i-140
  • Got H1b extension[in 2011-for 2 years]
  • Left the Job @D and moved back to India Aug 2011
  • USCIS told me that my i140 was not approved and its withdrawn in Nov 2011

  US Stay part 2 :

  • Joined company E in India Oct 2011
  • Came to USA in Apr 2016 on L1-A [Executive/manager]-Company E

My understanding and Questions :

  • If I was counted against the H1b CAP/quota in last six years,I may not be subject to CAP again.
  • I think I was never counted against quota[not sure if 2004 had a h1b quota system]
  • I stayed in US for 5 years and 9 months-counted 1 month India visit in this

Q1 :If I assume I am not subject to quota, I may get my h1b approved just for 3 months-and If so, what's the use?I might have to leave the country after 3 months.Whats the way out?

Q2 : from GC perspective, withdrawn i140 could help me to keep my PD to 2011?[most likely not-as my i 140 was not approved]

Regards and Thanks for reading,



Link to comment


This topic is now archived and is closed to further replies.