H1b visa validity


sunny1467

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I have a question about my case:

I got H1b petition approved in 2014 till March 2017. I have not got it stamped and came to USA on L1b visa. My H1b visa petition will be expired next month so can it be used later for L1-H1 transfer as I read somewhere on internet related to the unused or expired H1 petition without being H1b cap exempt.

Can you please provide me correct information like is it valid or I need to again appear for H1b cap and got selected in lottery

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I stayed in US in L1b visa for 3 years and then in H1B visa(Fresh Visa-no conversion)  for 3 years continuously thereby reaching 6 year limit last year as per USCIS calendar. I am currently in India nearly completing 1 year. Since I was in US in H1B status only for 3years, can I apply H1B cap exempt for 3 more years, from India once I complete 1 year outside US. Please advise. 
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5 hours ago, Sar03 said:
 

I stayed in US in L1b visa for 3 years and then in H1B visa(Fresh Visa-no conversion)  for 3 years continuously thereby reaching 6 year limit last year as per USCIS calendar. I am currently in India nearly completing 1 year. Since I was in US in H1B status only for 3years, can I apply H1B cap exempt for 3 more years, from India once I complete 1 year outside US. Please advise. 

No. The time on L1 and H1 combined can not be over 6 years.

To get a new H1, you need to be outside the US for at least a year and then a new petition in the quota can be filed.

 

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