L1B to H1B Cap Exemption

[KKK2012]

I am currently working on L1B for company A. Company B wants to file an H1B for me. Since I am already in US working on L1B ; new H1 will be processed under CAP exemption or should I wait until 2013 Visa Quota to file new H1B.

[Attorney_23]

Ordinarily, a person in L-1 status is not automatically exempt from the H1B cap.

[Sri123greets]

In his Case what is the best possibility that he/she get H1B Visa in this FY 2012 ? Is there any way that he/she apply H1B with COS from L1B for this year.

[Attorney_23]

In general, a petitioner will not be able to file until April 2012 for an October 2012 start date. USCIS is not accepting petitions for the current H1B fiscal year (assuming the individual is subject to the cap.)

[Sri123greets]

Hi, I am currently in US in L1B , I received calls from consultancy that they are sponsoring H1B . But i know that 65000 CAP count is over for this 2012. I am confused now.. Is Premium Process is Cap Exempt ? Or USCIS still accepting the

petition? please reply

[JoeF]

No, premium processing is also subject to the cap.

It is not possible to file a new H1 under the cap until April 1, for a start date of Oct. 1.

Cap-exempt are only H1s for universities, non-profit research institutions affiliated with universities, and government research institutions. And, if a person already has an H1 counted for the cap, an H1 transfer is also exempt.

That's it. If come company claims different, stay away from them.

[ssh3u]

Hi,

What does this means - "New H1B petitions will be accepted on April 1, 2012 for employment beginning no earlier than October 1, 2012".

Does it mean -

1. H1B will be approved before Oct 1 2012 (means H1B will start from some prior date than Oct 1 2012), but work can be started only from Oct 1 2012. OR

2. H1B will be approved and work can be started from Oct 1 2012.

If Case 1 is the answer, then what I know is that a person on H1B will not be considered as legal if he is not on a job (or earning).

Need guidance. Please help.

[JoeF]

The H1 can be approved before Oct. 1, but it will not come into effect until Oct. 1.

[David Harward]

No, premium processing is also subject to the cap.

It is not possible to file a new H1 under the cap until April 1, for a start date of Oct. 1.

Cap-exempt are only H1s for universities, non-profit research institutions affiliated with universities, and government research institutions. And, if a person already has an H1 counted for the cap, an H1 transfer is also exempt.

That's it. If come company claims different, stay away from them.

Does this quota not applicable of a person who holds an expired H1 and currently on L1?

[PowerWeb]

I completed my 6 year terms with (L1 & H1B) and went back to India, came back after 2 years with L1.

Now I want to convert into H1 from L1. Since I was already with H1, I am elegible for Cap Excemption?

Thanks.

[t75]

You used your 6 years lready. You need to go through quota again.

[PowerWeb]

thanks for ur reply..

[MBATechGrad]

Would like to ask a question to Senior members regarding option (b) "Applying from abroad to reclaim the remaining portion of the 6 yrs" provided in form I129 -
Does it mean that remainder option (6 - # of years of previous US stay on H1 & L1) is applicable only if applicant is applying for CAP exempt H1 from abroad?

In case applicant is already in US (working on L1 visa) and want to apply COS to CAP Exempt H1 (on the basis of H1 that was issued earlier), this remainder option will not be applicable? And he may get fresh 6 years or remaining # of years per his current L1/I-94?

To give you an example -
An applicant who was in US on H1 from 2008 to 2012 (4 Years) before moving back to his home country (India). He was in India for one and half years and subsequently came back on L1B visa (July 2014). After working on L1 visa for 5 months (till Nov 2014), he switched job by applying COS from L1 to CAP Exempt H1 (on the basis of previous H1).

If remainder option was applicable in this scenario, his new I-797 validity should have been Aug 2016 for period 1 year and 7 months (6 years - 4 years on H1- 5 Months of L1). However his new I-797 has validity period of 2 and half years (July 2017). Would like to clarify following queries -

1. Is he allowed to work till July 2017 considering I-797 is approved till that date? Or, Could it lead to challenges during PERM/I-140 approval?
2. As he changed status to Cap exempt H1 while he was in US on L1 visa, hope 2 and half years validity period of I-797 is OK? Guess For remainder option to be effective, candidate should be abroad?
3. Could it be possible that his counter is reset (as he had spent more than 1 year overseas)?
4. Could it be an oversight from USCIS? If so, can he still work till July 2017 (validity period of I-797).?

Appreciate your kind suggestion.
Regards
A