Am I eligible for H1B Cap exempt?


asreekanth

Recommended Posts

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.

Thanks!!

Link to comment
  • 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.

Link to comment

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.

Link to comment
  • 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?

Thanks

Link to comment

Archived

This topic is now archived and is closed to further replies.