H1b quota validity


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I had a H1b effective Oct 2006 and I worked in the US for 14 months from Feb 2007 to March 2008.

Currently I have a L1b and B1 Visa, I was told by some consultant that he can do a H1b Premium anytime in the year as my H1b was capped against 2006 quoto itself and doesnt count for 2012 h1b cap.

Is the above true, can you help in clarifying my doubts and advice me how to approach?.

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I think that your Consultant is correct.

I was also in the same scenario:

Worked for Company A in L1 from Nov 2004 to March 2011 (in between,I was outside US for 10 Months).

In 2007,Company B applied H1B and was approved (I had chosen Consular processing as I was planning to go to home country , resign from Company A and come).

Due to some reasons,I never joined Company B - but continued work for Company A till March 2011.

In April 2011,Company C referred my 2007H1 B petition and filed for Premium H1B approval (the 2010 H1B Cap was already over) in CAP excempt category and it was approved.

Now - I work for Company C (also they did PERM,I140 which were approved too and recently got H1B Stamping for 3 years) on H1B.

All the best!!

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Generally, an individual is eligible for six years of H1B status and is only counted against the numerical H1B quota one time during the initial six years. Generally, time spent outside the U.S. or in a different status in the U.S. does not count towards the six years. Please schedule a consultation with an experienced immigration attorney to determine whether you are eligible to file a cap exempt H1B petition.

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