Amit Maheshwari Posted March 21, 2018 Report Share Posted March 21, 2018 I was in US on L1B from Jan 2015 till June 2017. Now I want to apply for H1 2018 cap. Will i be eligible for entire 6 years or will it be 6 yrs minus my 2.5 years stay in US. Note - I will be applying for H1 in Apr 2018 but will not enter US prior Oct 2018. Link to comment
pontevecchio Posted March 21, 2018 Report Share Posted March 21, 2018 You can only apply for a cap subject H1 on April, 2019 onwards . You can apply anytime before to claim your remainder of 3.5 years. Link to comment
JoeF Posted March 21, 2018 Report Share Posted March 21, 2018 6 years minus 2.5 years. The clock only resets if you are outside the US for at least a year and then a new H1 in the quota is FILED. According to your timeline, you haven't been a year abroad in April. Date of entry doesn't matter, date of filing matters. Link to comment
JoeF Posted March 21, 2018 Report Share Posted March 21, 2018 6 hours ago, pontevecchio said: You can only apply for a cap subject H1 on April, 2019 onwards . You can apply anytime before to claim your remainder of 3.5 years. The OP can apply for a cap-subject H1 in April 2018. He just only would get 3.5 years. He is not cap-exempt n cause he had am L1, not an H1. He can only get the full 6 years if he applies next year. Link to comment
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