Out of Cap H1B when on L1

[Arun1583]

Hi,

1) I'm on a L1B with company A.

2) I had previously applied for a H1B with company B in 2011, and this was approved. But due to various reasons, I never joined company B. I traveled to India and came back on my L1B, and continued with Company A on L1B.

3) This L1B visa with Company A has been extended, and I'm about to finish 5 years of stay in the US on my L1B.

Was wondering if I can ask Company A (with whom I'm currently employed) to file an out of cap H1B for me?

If this can be done, can I do a COS from L1B to H1B, and then work on the H1B?

Thanks in Advance!

[Arun1583]

A response on this will be greatly appreciated.

Thanks.

[0407]

Yes. you can get 1 Year on H1B. Combined H1B + L1 time can not exceed six years.

If you have approved i140 then you can get more time on H1B

[pontevecchio]

You may be able to claim 1 year in H1 status.

[rohang]

yes, it can be done. But you will just get 1 yr (as you have exhausted 5 yr under L1b).