pranav00in Posted September 10, 2014 Report Share Posted September 10, 2014 Hello, I was in USA from May 2008 until March 2014, I had vacations in between but overall I have spent more than 5 years in USA. I was in L1 status until 2011, and from April 2011 onwards on H1B (New Petition - subject to CAP). So I spent 2.5 years on L1 and 3 years on H1B in US. I did not file for Labor and returned to India on March 2014. My Petition expired on March 2014. My questions - 1. Can I file Cap Exempt H1B with an employer? 2.If I file it now, I think I will be allowed to stay only remaining months (like 9 months including recapture) because I have stayed for 5.5 years already on multiple VISA? Please confirm. 3. Can I file CAP Exempt VISA to recapture remaining 3 years on my H1B after I complete 1 year of my stay in India? Thanks, Link to comment
jairichi Posted September 10, 2014 Report Share Posted September 10, 2014 1. Yes. 2. Yes, you are correct. 3. No. It does not work like that. To get 6 years you need to stay outside US for a year and after that a cap subject H1B petition has to be filed. Any cap exempt H1B petition even after a year os staying outside will give you only those 6 months. Link to comment
pranav00in Posted September 17, 2014 Author Report Share Posted September 17, 2014 Thanks jairichi. On your comment to point # 3, that it can only be filed for 6 months, I want to bring to notice that I was on H1-B only for 3 years in USA, Rest of 2.5 years I was on L1-B VISA. I believe you cannot stay more than six years independent of VISA Type, BUT, H1B can be used for 6 years? SO I think I can file CAP Exempt for rest of 3 years after completing one year stay outside US.?? Please help. Link to comment
jairichi Posted September 17, 2014 Report Share Posted September 17, 2014 Thanks jairichi. On your comment to point # 3, that it can only be filed for 6 months, I want to bring to notice that I was on H1-B only for 3 years in USA, Rest of 2.5 years I was on L1-B VISA. I believe you cannot stay more than six years independent of VISA Type, BUT, H1B can be used for 6 years? SO I think I can file CAP Exempt for rest of 3 years after completing one year stay outside US.?? Please help. In your case 6 years on H1B includes L1 stay also. If a cap exempt H1B petition is filed you will get 6 months. If a cap subject H1B petition is filed after you stayed outside US for a year you are eligible for 6 years. If you need 6 years then let employer file a cap subject H1B petition in April 2015 and you need to stay outside US till March 2015. Link to comment
pranav00in Posted December 25, 2014 Author Report Share Posted December 25, 2014 Hello Experts, Can you please let me know that if one has stayed only 3 years on H1B and rest of 2.5 years on L1B in US, He has only used 3 years on H1-B, I should be eligible for rest of the 3 years recapture on a cap exempt H1B. I think the rule says you cannot stay more than 6 years on multiple VISA, But an H1B can be used for 6 years. So I believe I should get 3 more years, after completing one year stay in India. Please help Link to comment
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