Is H1 cap exempt possible after completing 6years combined in L1-B & H1-B.


plvarun

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Hi All,

I Need  help to determine if H1 cap exempt can be applied to my expired H1-B visa. I have initially reached US via L1-B visa(4years in US using L1-B)) and moved to H1-B visa after staying in India for 3 months, The details of stay in US and visa details is provided below  

 

The below are the key points.

·         Reached US in Jun 2007  to US in L1-B visa, extended once.

·         Stayed in US - L1-B till Sept 2011

·         Started processing H1B Visa in 2011.

·         Went back to India on Sept 2011 as L1-B visa expired and returned back to US using new H1-B visa in Dec 2011.

·         On Form I-129 Part 2.2 Basis for Classification for my H1-B Petition is “New Employment”.

·         Extended H1-B once  from Dec 2013 to Mar 2014. H1-B Visa expired in March 2014

·         Went back to India on Mar 8th, 2014 as total 6 years completed for combined L1B + H1B.

 

Is it possible to apply for extension of my H1-B visa in April 2015 using H1 Cap exempt process, Please advice. 

 

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