L1B to H1B - cap exemption

[bp_ind]

Hi,

 

I was on L1-B from Oct 2004 till Dec 2009. My employer converted my visa to H1-B in Jan 2010. I spent 1 year in H1-B. After that I had to leave US (in Jan 2011) because i completed my six years.

 

I came back to US again on L1-B in Aug 2012. If I want to change my visa to H1-B now, will I fall under H1-B cap exemption and can apply anytime or I will have to wait till April 2015 to apply under H1 cap?

 

Any information on this is really appreciated.

 

Thanks

[jairichi]

Hi,

 

I was on L1-B from Oct 2004 till Dec 2009. My employer converted my visa to H1-B in Jan 2010. I spent 1 year in H1-B. After that I had to leave US (in Jan 2011) because i completed my six years.

 

I came back to US again on L1-B in Aug 2012. If I want to change my visa to H1-B now, will I fall under H1-B cap exemption and can apply anytime or I will have to wait till April 2015 to apply under H1 cap?

 

Any information on this is really appreciated.

 

Thanks

To move to H1B a cap subject H1B petition has to be filed in April 2015.

[bp_ind]

Jairichi - Thanks for the quick response.

 

I was told that, since I have used only 1 year of my H1-B quota from my previous stay (in 2010), I still have 5 years left  and I should be able to apply for H1-B any time of the year with a cap exemption. Is that not true?

 

Thanks

[jairichi]

Jairichi - Thanks for the quick response.

 

I was told that, since I have used only 1 year of my H1-B quota from my previous stay (in 2010), I still have 5 years left  and I should be able to apply for H1-B any time of the year with a cap exemption. Is that not true?

 

Thanks

You have to include your stay on L1B also in those max allowed stay of 6 years on H1B that you used in Jan 2010. That H1B is gone. A new cap subject H1B petition has to be filed.

[bp_ind]

Jairichi - Thanks again!

 

Is this applicable even if I have spent 1 year outside US and have returned. The clock has reset and I should be able to get a cap exemption right?

[jairichi]

Jairichi - Thanks again!

 

Is this applicable even if I have spent 1 year outside US and have returned. The clock has reset and I should be able to get a cap exemption right?

As I said once you stayed in US for 6 years on L1B and H1B put together that H1B is gone. You need to be cap counted again. You are justifying that you have stayed 5 years on L1B and 1 year on H1B and still have the remaining 5 years on H1B to be used for cap exemption after staying outside for a year. Unfortunately it does not work like that.