H1b + L1B Status. Cap exemption rule after spending 1 year continuous time

[savita]

Hi,

I have question regarding my L1 B & H1 B visa status.

I was on L1B visa for 4.5 years in US + now H1B for next 1 year = 5.5 years, After completing (5.5 years) tenure, I will return back to India to spend 1 year continuous time. After being in India for 1 year, do I still I need to file a new H1B petition which starts every year April month (CAP/Quota) or will I be eligible for CAP exemption because I already hold H1B petition & can use same H1B petition for extension for rest left 5 years.

It will help me to understand my visa situation best. Your help is really appreciated.

Thanks,

Gaurav.

[pontevecchio]

After one year home your sponsor will then have to file a H1 petition subject to cap.

[t75]

You absolutely must go through quota for new 6 years. L1 plus H1B cannot be more than 6 years.

[savita]

One of the place i got this answer.

Another option would be to "reinstate" your H-1B status which would mean that your H-1B would not be filed under the H-1B Cap, and you could only use the remainder of the original 6 years of your H-1B time.

[savita]

Thanks for your answers.

Pls. clarify..in one of the forums i got this answer.

Another option would be to "reinstate" your H-1B status which would mean that your H-1B would not be filed under the H-1B Cap, and you could only use the remainder of the original 6 years of your H-1B time.

[JoeF]

Thanks for your answers.

Pls. clarify..in one of the forums i got this answer.

Another option would be to "reinstate" your H-1B status which would mean that your H-1B would not be filed under the H-1B Cap, and you could only use the remainder of the original 6 years of your H-1B time.

You either get a new H1 under the quota, and get 6 years, or you don't file under the quota, and get the remainder, in your case 1/2 year.

[chets_m8]

I just saw this post and thought of replying - Better late than never :)

Another option would be to "reinstate" your H-1B status which would mean that your H-1B would not be filed under the H-1B Cap, and you could only use the remainder of the original 6 years of your H-1B time.

This means that the remaining time on your H1 = 0.5 years only ( 6 - 5.5 ) .

currently If you are on H1 and in the US - The WISE option is to file for your labor and get a H1 extension than try for a new one after 1 year