H1B cap exempt elligibility

[pvprasadrao1978]

Hi,

I am having H1B petition valid from 4th Oct 2005 to 11th July 2008. I entered US from April 2006 to Dec 2006 and went to India
Again came to US from Feb 2008 to July 2008 and left US on 11th July 2008. So I used 1 year out of 3 years.

Now I am on L1A staying from Oct 2011 to till date and my L1A is eligible till 15th August 2014. Am I eligible to apply for H1B cap exempt now? Till what date I can utilise H1B cap exemption?
Request your inputs.

Venkata Perumala

[RMH1]

Yes. You are eligible. As per current laws you can claim for H1B cap exempt 6 yrs from your H1B petition expiration date.

[lisaanderson]

Hi,

I am having H1B petition valid from 4th Oct 2005 to 11th July 2008. I entered US from April 2006 to Dec 2006 and went to India
Again came to US from Feb 2008 to July 2008 and left US on 11th July 2008. So I used 1 year out of 3 years.

Now I am on L1A staying from Oct 2011 to till date and my L1A is eligible till 15th August 2014. Am I eligible to apply for H1B cap exempt now? Till what date I can utilise H1B cap exemption?
Request your inputs.

Venkata Perumala

You are H-1B cap exempt as long as you have been in H-1B status in the last six years. So, since you were last here in July 2008 in H-1B status, count six years forward to July 2014.