H1 Petition Validity

[viju_vkr]

Hi,

I have a H1 petition which was extended twice in past, however my overall tenure of stay in US was only for 30 months (2.5 years) out of 72 months (6 years). I plan to utilize remaining 42 months (3.5 years). Please let me know, if

1. Can I apply for H1 extension petition ? If so, will it be under non-cap category?
2. Will I be eligible, if I have traveled/worked on B1 and L1?

Regards,
Viju

[kabkaba]

The period of time you spend in the US in both H1 and L1 status (not B1) counts towards the 6 year limit. If there is any time remaining from that period, your employer can file a cap-exempt petition for you.