H1-B "Cap Exempt Category"

[Vijay_y]

I was on L1-B visa since Feb 2008 until Jan 2013 (complete 5 years without any break). In Jun 2012 my company initiated H1-B from india and said H1-B will be activated only after stamping in India. Since I stayed for 5 years in US on L1-B, US gave 1 year of H1-B. In Feb 2013, got stamped but never travelled back to US again on H1-B. H1-B expired without using it in Nov-2013. Now (Jan-2014) company is saying that they can use existing petition (even if it is expired) & based on that they can file for H1 transfer in "cap exempt category" for new project.

They also assured that they can file "cap exempt category" within next 6 year window.

Kindly tell me whether it is possible, or they have to file for new H1-B petition freshly in Apr-2014.

Thanks in Advance.

[raghvi]

I was on L1-B visa since Feb 2008 until Jan 2013 (complete 5 years without any break). In Jun 2012 my company initiated H1-B from india and said H1-B will be activated only after stamping in India. Since I stayed for 5 years in US on L1-B, US gave 1 year of H1-B. In Feb 2013, got stamped but never travelled back to US again on H1-B. H1-B expired without using it in Nov-2013. Now (Jan-2014) company is saying that they can use existing petition (even if it is expired) & based on that they can file for H1 transfer in "cap exempt category" for new project.

They also assured that they can file "cap exempt category" within next 6 year window.

Kindly tell me whether it is possible, or they have to file for new H1-B petition freshly in Apr-2014.

Thanks in Advance.

it is possible. But again it will be valid only for a year. If you apply afresh in April 2014 with start date of 01-Oct-2014, if approved , you will get fresh 6 years H1 eligibility.

This is my opinion not legal advice.