L1A_to_H1B Posted September 2, 2015 Report Share Posted September 2, 2015 Hi All, I had an H1B petition which I used for 21 months. Petition started in 2005 and my last status on it was on Jan 1st 2009. Later on I was on L1 status from same employer for 38 months ( May 2010 to July 2013). Now I am looking for possibility to recapture remaining part of H1B petition. Please suggest if this case would fall under annual cap or not. Thanks for valuable feedback. Link to comment
jairichi Posted September 2, 2015 Report Share Posted September 2, 2015 You will be considered cap exempt and you are eligible for 6 years - total stay in US on H1B and L1. Link to comment
L1A_to_H1B Posted September 3, 2015 Author Report Share Posted September 3, 2015 Hi - thanks for valuable feedback. Does exempt status hold even if beneficiary has neither been counted against the H1B Cap quota within the last six years nor has held H1B status within the last six years ? Thanks Link to comment
jairichi Posted September 3, 2015 Report Share Posted September 3, 2015 Hi - thanks for valuable feedback. Does exempt status hold even if beneficiary has neither been counted against the H1B Cap quota within the last six years nor has held H1B status within the last six years ? Thanks If you are cap counted once and have not exceeded 6 years stay on H1B and L1 then you are cap exempt. Link to comment
L1A_to_H1B Posted September 5, 2015 Author Report Share Posted September 5, 2015 Hi Jairichi, Thanks for your replies and continued explanations. However I heard that individual should hold H1B status in past 6 years. What this means is that Cap exemption remains valid in 6 years bracket, either from start date of H1B petition or from end date. (Not sure !! ) Please suggest. Thanks Link to comment
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