H1B Cap eligibility and L1B + H1B 6 year time limit

[jjjag]

In a scenario where combined stay of 3 years L1B + first 3 year H1B is counted towards the 6 years time limit condition, does the same H1B is eligible for 3 more years after an year break ?is the Cap subjected H1B is not counted towards cap for 6 years.

[Attorney_10]

Generally, time spent in H1B and L1 status count towards the 6 year limit for H1B purposes. Generally, if the individual is outside the U.S. for one full year then s/he may elect to be counted against the H1B cap again for a new 6 year period or use the remaining H1B time left from the initial 6 years. Also, time spent abroad does not count towards the 6 year limit. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts relating to your case and to determine how much time you have remaining and whether you are subject to the H1B cap.

[jjjag]

Thanks for the response, I believe H1B cap is different from 6 year time limit, so I should be able to regain 3 years of h1b after an year.

[pontevecchio]

The only way to get H1 status is for an employer to apply for a H1 petition for you AFTER you are gone for one full year. This can only be after April,1 FOR A START DATE NOT BEFORE October,1 AND SUBJECT TO THE NUMERICAL YEARLY LIMITATION.

[pranav00in]

Hello jjjag,

 

Did you get a correct answer for this question? I am on the same boat and wanted to know if I can apply for cap exempt H1B to regain my rest of 3 years. I was in US for 3 years on L1 and 3 for H1. and I am in India for last one year.

 

Thanks!

[jairichi]

Hello jjjag,

 

Did you get a correct answer for this question? I am on the same boat and wanted to know if I can apply for cap exempt H1B to regain my rest of 3 years. I was in US for 3 years on L1 and 3 for H1. and I am in India for last one year.

 

Thanks!

An employer can file a cap subject H1B petition after you stayed outside US for one year. Date of filing matters and not date of entry.

[JoeF]

Hello jjjag,

 

Did you get a correct answer for this question? I am on the same boat and wanted to know if I can apply for cap exempt H1B to regain my rest of 3 years. I was in US for 3 years on L1 and 3 for H1. and I am in India for last one year.

 

Thanks!

 

You don't have any time left on the H1. There is no "rest of 3 years." The time on L1 and H1`is combined, and that already is the full 6 years.

Once you have been outside the US for a year, an employer can file an H1 under the quota for you. You would then get the full 6 years.