H1 CAP Exempt while on L1 Visa

[bhushee27]

My H1 petetion is approved on May 29, 2007 and is valid through 08/13/2010.Later i got the stamping done at US consulate, Chennai,India and travelled to US in June 2009. After 4 months of stay i travelled back to India in Sep 2009. Later i did not come back to US or filed extension. So in net i utilized only 4 months of my valid H1 petetion.

 

Now came to US on L1A visa in Apr 2015. validity of L1A petetion is till Dec 11, 2017.

 

Now questions

 

- Am i still eligible for H1 CAP Exempt ?
- If i am eligible for H1B cap exempt before what date i need to apply for H1B
- If my H1B Cap exempt petetion is approved. Will i lose L1 status?

- Can i file claim H1 CAP exempt if my L1 extension is rejected?

[jairichi]

1. Yes.

2. Till you reach 6 years on H1B and L1A together.

3. Yes, if approved as COS.

4. Yes, provided you have not exceeded 6 years of stay on L1A.

[JoeF]

You have a choice: get the H1 extended cap-exempt, then the previous stay on H1 and the stay on L1 and the new H1 validity together can't be over 6 years.

Or get a new H1 under the quota, then you get 6 years minus the time spent on L1.

[bhushee27]

Thank you. Much appreciated.