H1B - Cap Exempt Petition - am I eligible?

[pranav00in]

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,

 

[jairichi]

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.

[pranav00in]

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.

[jairichi]

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.

[pranav00in]

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