H1b Approved in 2004 - Back in US under L1 - can I still exempt from 2014 quota

[tango2013]

Hi,

I had my H1 approved in the year 2004 for the period Dec-2004 to July-2007, I was in the US for 3 months under H1 in 2007 with the end of assignment the petition was not extended / renewed. I have returned to US under L1A visa in June 2011, I had intended to apply for H1 in 2014 quota, reviewing my documents the consultant has informed me that since I've already gone through the cap in 2004, I do not have to apply for H1 under this years quota rather they can apply h1 renewal and LCA.

I'm a little hesitant to go by his advise and resign since my initial H1 is 9-10 years old, can you please advise

- is the information provided correct and I don't have to apply for H1 under 2014 quota?

- Since I've used only 3 months under H1 and 2 years under L1A do I have 3.5 years more or 5.5 years left to stay in US ?

Please advise.

Thanks

[pontevecchio]

TELL THEM TO APPLY FOR A h1 PETITION IN THIS YEARS CAP. 1. Possibly. 2. 3.5 years unless you have him file a H1 in this years cap to start in October.