H1B CAP Exempt Eligibility - Remainder time

[nshirupa]

Hi,

 

I have worked on H1B and L1B work permits from 1999 to 2013 in multiple spells. This is a bit complext scenario. Please clarfy If I would be eligible for "H1B CAP exempt - Reaminder period" on reviewing these details inline.
(1) First H1B Petition Was valid from 1999 January to 2003 October (Inlcudes H1B Extension). During this Validity Period I was physically present and worked for 32 months until January 2003. I left US during January 2003 and did not come back on H1B.
(2) After staying out of US for more than a year since January 2003, My Employer had Transferred me to Work on L1B (blanket petition) during April 2004. Worked for 5 months since April 2004. Left US during September 2004.  In 2005 My Employer Transferred me back to US on L1B effective from June  2005. In 2006, My Status was changed from L1B to H1B effective from 1st October 2006. Continued to Work until 2009 April and Left durin April 2009. By April 2009 I have completed 4 years of Stay on L1B and H1B starting from April 2004.
(3) After a Year elpased since 2009 April, I Travelled back to US during June 20011 on "H1B CAP EXEMPT" petition for the left over time of 2 years. By June 2013 I have reached 5 years and 51 weeks which is a week less than 6 year time limit on H1B and Left US before reaching the 6 year time limit.
(4)  Summary : I was physically present and worked for 32 months on first H1B petition from 1999 january to 2003 january.  On second L1B+H1B - I was physically present and worked for almost 6 years (a Week less than 6 years).  Since my Status changed from L1B to H1B during 2006 October 1st, I am not clear if this is subjected to H1B cap count. If so which for which year CAP would it mapped to.
Considering I have utilized only 32 months on my 1st H1B petition (Start Date January 1999), Would I be eligible for H1B CAP Exempt for Remainder period of 40 months left on 1st H1B

 

While the above scenario is complex, Suggestions from Experts are helpful

Regards
 

 

[jairichi]

Hi,

 

I have worked on H1B and L1B work permits from 1999 to 2013 in multiple spells. This is a bit complext scenario. Please clarfy If I would be eligible for "H1B CAP exempt - Reaminder period" on reviewing these details inline.

(1) First H1B Petition Was valid from 1999 January to 2003 October (Inlcudes H1B Extension). During this Validity Period I was physically present and worked for 32 months until January 2003. I left US during January 2003 and did not come back on H1B.

(2) After staying out of US for more than a year since January 2003, My Employer had Transferred me to Work on L1B (blanket petition) during April 2004. Worked for 5 months since April 2004. Left US during September 2004.  In 2005 My Employer Transferred me back to US on L1B effective from June  2005. In 2006, My Status was changed from L1B to H1B effective from 1st October 2006. Continued to Work until 2009 April and Left durin April 2009. By April 2009 I have completed 4 years of Stay on L1B and H1B starting from April 2004.

(3) After a Year elpased since 2009 April, I Travelled back to US during June 20011 on "H1B CAP EXEMPT" petition for the left over time of 2 years. By June 2013 I have reached 5 years and 51 weeks which is a week less than 6 year time limit on H1B and Left US before reaching the 6 year time limit.

(4)  Summary : I was physically present and worked for 32 months on first H1B petition from 1999 january to 2003 january.  On second L1B+H1B - I was physically present and worked for almost 6 years (a Week less than 6 years).  Since my Status changed from L1B to H1B during 2006 October 1st, I am not clear if this is subjected to H1B cap count. If so which for which year CAP would it mapped to.

Considering I have utilized only 32 months on my 1st H1B petition (Start Date January 1999), Would I be eligible for H1B CAP Exempt for Remainder period of 40 months left on 1st H1B

 

While the above scenario is complex, Suggestions from Experts are helpful

Regards

 

You need to stay outside US to get fresh 6 years by filing a cap subject H1B petition.