Am I eligible for H1B Cap exempt?


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Hello Everyone,

I had an unused & expired H1B (from Oct 2008 to Sep 2011) from Compamy A and it was not stamped either. I was working in the US on L1B from Company B at the time of H1B processing. However, I went back to India on 10/03/2008 and returned to the US in December 2010 on another L1B.

So, I am with L1B status currently (until Sep 2013) and never used/stamped my previous H1B; however, I am wondering if I could be H1B cap exempt for 2013 as I had a previously issues H1B for 6 years, which I didn't use. Can anyone please answer this question?

I am in a great need of getting it clarified immediately as the H1B cap is getting filled much faster than expected in this year. So, I'd sincerely appreciate any quick response.


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  • 3 weeks later...

I am also in the same boat. I had been on H1 before (older than 3 yrs, and had used almost 6 yrs of H1 period) Now I am in US on L1. So Will the cap be applicable for me? Also heard from one of the attorneys that I dont even have to wait until Oct1 to work if L1-H1 transfer is successfull.

Can anyone comment on this.

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Can anyone please respond to my previous post? Appreciate your time & help!!

You are both cap-exempt and also can file under quota.

If you file as cap-exempt, you only get the remaining years out 6 from the already used years on L1.

If you file in quota, you will get a fresh 6 yr term.

I do not have any documents to prove this.

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  • 1 month later...

I have a situation where I have used my H1 from 2004 to 2009 (5.5 years) and then left US since my H1 extension got denied.

My employer had filed an I 140 in EB3 category and it was approved in 2009, after I left the country.

I have left the employer and would like to know if I get a cap exempt H1 filed by a new employer ( based on my past H1 ) would I be able to get more than the 6 months remaining on old 6 year period?


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