L1 to H1 using my old H1B petition

[rivas24]

Hello everyone,

i had a H1B which was stamped in Mar-2008. I came to USA in Apr-2008 using the H1B Visa and stayed for around 3 months and left USA to India in Jun-2008,

I again had L1B filed by the same employer in 2009 and came to USA in Jan-2010. The H1B got expired in Feb-2010.The H1B petition is also expired. The L1B visa is valid till Oct-2012.

Im planning to file H1B again. Can someone clarify the below question?

1> Do i fall under 2012 cap or i can transfer it anytime using the previous H1 without waiting for Oct-2012 as i fall under 2007 quota and i have used only 3 months in (H1) and 2 years in (L1).

2> If i transfer from L1 to H1, how many more years can i stay in USA.

Thanks,

Anbu

[Company 2]

1. You don't fall under 2012 Quota, you can transfer to H1B anytime you like.

2. I am not sure about this, I don't know if the stay on L1 status will come under the 6 year period. But, as per what I can remember you can stay for a period of 3.5 yrs.

[Jyothis]

I think the stay would be counted agains the the 6 year quota.

[goomail]

Both L1 and H1 stay are counted towards the 6 years max out.