Am I cap-exempt ? Combo (L1B+H1B) stay


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Spent 5 Years in United States on L1-B Visa

Later While @ US, Converted the Stay to H1-B and Stayed for 1 Year ( in 2011 QUOTA)

6 years completed and went out of US as petition expired.

Now have stayed more than one year outside United States.

GC was not filed at any point of time.

Am I eligible to file an extension petition against old H1B to get the remainder 5 years ?



I read below statement in above link.


"An H-1B alien in a specialty occupation . . . who has spent six years in the United States under section 101(a)(15)(H) and/or (L) of the Act may not seek extension, change status or be readmitted to the United States under section 101(a)(15)(H) or (L) of the Act unless the alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the immediate prior year."


Above statement says, "may not seek extension" "unless the alien has resided " "for the immediate prior year." 


Can my employer file a Cap-Exempt H1B ?

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