H1 Cap exmept question (H1 extension -> L1B currently)

[picmeup]

Hi,

I searched the forum and found some queries related to H1 cap Exempt situations, but not exactly as mine. Hence the new post.

I had an H1B visa (subject to cap) valid till Feb 2007. I worked in US on that visa from Apr 2005 to May 2007 and got an approved H1 extension (did not require to get it stamped). In Oct 2009, I got the stamping for extension done and travelled to US for 1.5 months and went back. The visa expired in Feb 2010. In March 2010, I got an fresh L1B visa and travelled to US. I am currently working on that visa.

Here are my questions:

1) If I want to change employer can my new prospective employer file for a cap exempt H1B petition anytime of the year?

If yes,

2) what all information will the employer need (Just the approval notice number of the extension or the actual I-797)? And

3) Will the stay limit be counted as 6 years starting with Nov 2009 (because of gap of more than 2 years outside US)?

Thanks!

~ Picmeup

[picmeup]

JoeF / others, can someone please reply?

[picmeup]

Can anybody please reply?

[Chitown01]

1. Yes, because you were subject to the CAP in the past.

2. All previous I-797, Entry and Exit dates in the US on H1 status

3. Based on the dates you provide on your h1 status, they will calculate the remainder from the 6 yrs and approve new petition accordingly.

[picmeup]

Thanks Chitown01 for taking time to respond to my question. Just a follow-up question for clarification: Remainder of 6 years is calculated by subtracting total time spent in US on H1 status or H1 + L1? since I am in US for about 2 years on L1B, will that get added too (making the remaining time very less)?

[Chitown01]

Yes, it gets counted

[picmeup]

One more question regarding this. I know it has been a long time. My original petition was approved in Oct 2004. Can I still get H1-B for remaining time? or it may be rejected since it has been more than 6 years since original H1-B petition approval and visa stamping?