Am I H1B cap exempt?


uypatel

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Dear H1B Experts,

Need help with my situation:

I was working in the USA for Company A from November 2002 to December 2006 on H1B (4 yrs 1 month duration).

Then I left the USA and returned to my home country where I worked in the same Company A, until Feb 2011.

If I want to restart work in the USA now, then I have some questions:

1. If I want to work for the same Company A in the USA, can I work on an L1 VISA?

OR

2. if I want to work for the same Company A in the USA, can I reclaim 1 yr 11 months of my prior H1B? If yes, then when the 1 yr 11 months come to an end, will I have to leave the USA for a year and then re-enter? Will I then be subject to the cap?

OR

3. If I want to work for the same Company A, can Company A file for a fresh H1B petition and I will be exempt from the quota?

OR

4. If I want to work for the same Company A, can Company A file for a fresh H1B petition and will I be subject to the H1-B quota?

5. If I want to work for a different company B, what options do I have? Can I reclaim 1 yr 11 months of my prior H1B to restart work? If want to apply for fresh H1b, will I be cap exempt?

Please help enlighten.

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