L1B to H1B Conversion (using left over time in previous H1B petition)

[Nira1123]

I am currently on L1B Visa and in the US. I am staying in US from last 2 years (2017 - Current)

 

I was previously in the US on H1B visa which was applied by my previous employer. The H1B petition was approved in 2011. I stayed in the US on the H1B visa for 3 years. (From 2011 to 2014)

 

Question :

1) Can I convert my current L1B to H1B using the petition from my previous employer to be exempt from yearly cap ?

2) If the answer to above question is yes then what is the time left on H1B petition ?

     Will it be 3 years i.e. original petition time of (6 years) - time consumed on previous H1B stay (3 years)  OR

     Will it be 1 year i.e. original petition time of (6 years) - US stay time consumed on previous H1B stay (3 years) - US stay time consumed on current L1B (2 year)

[JoeF]

Time on H1 and L1 is combined, so you would have 1 year left for the H1.