Need help in understanding H1B Cap Counted/Exempted for my case

[pankajnu]

Need help in understanding H1B Cap Counted/Exempted for my case. I exhausted my L1B in May 2013 and my company filed for H1B Change of Status in April 2013. My case got selected in lottery and is under process. This, I guess, means that I was counted against H1B2014 cap count.

I travelled out of US in May 2013 and do not plan to return before June-July 2014 (if my H1B gets approved). Since, I would have stayed outside US for more than 1 year, does that reset my clock? Does that give me 6 years without being counted under H1B cap of subsequent years (as I was counted against H1B2014 cap count)? Or do I just get 1 year with my H1B2014 case and I need to apply for H1B against cap count in subsequent year?

 

Your help/advice is appreciated.

[jairichi]

Just by picking your H1B application in lottery does not mean you are counted against cap. It has to be approved. Also, if you have maxed out in L1B you can not apply within 1 year of being out of US. This is a sure case of denial. And, if you leave US when your COS has been applied it would be deemed that your petition is abandoned.

[t75]

Only if the petition for you is filed AFTER you have been outside the US for 1 year will you be eligible for another 6 years of H1B. You get one year and then have to exit again for a year before another petition is filed. You can forego this H1B and have a new quota subject petition filed in May 2014 if there are any slots left .

[pankajnu]

Thanks for your reply.

I went through my application one more time to understand what kind of I-129 application it is – It says “Basis of Classification – New Employment” and “Requested Action – Notify office in part 4 so beneficiary can obtain visa or be admitted”. I guess this means it’s a H1B-New/Conversion visa and not COS/Extension type.

 

I have maxed out on L1B (5 years). However H1B gives 1 additional year (to make it 6 years).