H1-B cap exemption eligibility

[aravindian]

Hi There,
I am Aravind, I have a question related to H1-B petition. Can you please answer?
My company(MNC) filed a L1 to H1 conversion for me in 2012 after I stayed in US for 5 years on L1-B, My H1-B conversion petition got approved, which was valid for 08/21/2012 to 3/30/2014. I only stayed on my H1-B for approximately an year. As I only stayed on my H1-B for an year, can you please advice if the petition can be used for applying a cap exemption fresh H1-B petition. 

Thanks in advance for your guidance.  

[JoeF]

The time on L1 and H1 is combined, so you have used the maximum of 6 years.

You will have to go through the lottery.

[drsb]

Yes you can file a H1B cap exempt petition as you did not use the 6 years of your H1B period. Good luck

[NotAnAttorney]

Yes, as you have stayed out of country for at least an year now, any employer could file for a cap exempt petition for you.

[gopalakrishnach]

Yes, I guess you can file H1B petition outside of cap. I may be wrong.

[JoeF]

On 12/26/2019 at 9:45 AM, NotAnAttorney said:

Yes, as you have stayed out of country for at least an year now, any employer could file for a cap exempt petition for you.

Hmm, that would only be possible if the first H1 was filed at least a year after he left the US when he had the L1.

If there was less than 1 year between the time the OP spent on the L1, the time on L1 and H1 would be combined, resulting in a maximum of 1 year on H1.

A new employer would have to file in the quota.

[NotAnAttorney]

15 hours ago, JoeF said:

Hmm, that would only be possible if the first H1 was filed at least a year after he left the US when he had the L1.

If there was less than 1 year between the time the OP spent on the L1, the time on L1 and H1 would be combined, resulting in a maximum of 1 year on H1.

A new employer would have to file in the quota.

thanks for providing this dimension that I am unaware of. I was under a different opinion until now.

[gopalakrishnach]

New learning post and as usual OP do not recognize people help...

Edited December 30, 2019 by gopalakrishnach