kattu786 Posted February 6, 2014 Report Share Posted February 6, 2014 Hi , My friend had the following situation H1B petition valid from 1 Oct 2005 - 15 April 2008 1st visited US : 13 Mar 2006 - 31 Aug 2006 Again visited US : 26-Aug-2007 Visa Ext applied valid from 10 Apr 2008 - 08 April 2010 Left US: 02-Aug-2008 A new L1B petition applied valid from 09 July 2010 - 08 July 2013 Visited US on L1 on 6th Feb 2013 and I-94 is valid till 2016. On the previous H1 almost 17 months were spent and on this L1 two years have already been spent.I think that the cap exempt petition can be applied in this case to use the remaining (6 - 3.5 = 2.5) years on H1.My query is 1) can it applied anytime or 2) Should it be applied with in 6 years of H1 approval (i.e 10 Apr 2014)or 3) should it be applied with in 6 years of beneficiary maintaining H1 status(i.e 02 Aug 2014). Link to comment
jairichi Posted February 7, 2014 Report Share Posted February 7, 2014 Hi , My friend had the following situation H1B petition valid from 1 Oct 2005 - 15 April 2008 1st visited US : 13 Mar 2006 - 31 Aug 2006 Again visited US : 26-Aug-2007 Visa Ext applied valid from 10 Apr 2008 - 08 April 2010 Left US: 02-Aug-2008 A new L1B petition applied valid from 09 July 2010 - 08 July 2013 Visited US on L1 on 6th Feb 2013 and I-94 is valid till 2016. On the previous H1 almost 17 months were spent and on this L1 two years have already been spent.I think that the cap exempt petition can be applied in this case to use the remaining (6 - 3.5 = 2.5) years on H1.My query is 1) can it applied anytime or 2) Should it be applied with in 6 years of H1 approval (i.e 10 Apr 2014)or 3) should it be applied with in 6 years of beneficiary maintaining H1 status(i.e 02 Aug 2014). 1. Yes. 2. No, anytime. 3. No, anytime. Link to comment
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