CAP - Exempt H1B - Do I qualify ?

[vishal27580]

Hello Experts,

Currently I am in US on L1B Visa.
I have approved h1B petition.
H1B petition got approved in January 2013
H1B petition Expired on January 2014
I never stamped H1 Visa and current status is also L1.

Can I apply for fresh H1B under CAP - Exemption?

Thanks

[raghvi]

Hello Experts,

Currently I am in US on L1B Visa.
I have approved h1B petition.
H1B petition got approved in January 2013
H1B petition Expired on January 2014
I never stamped H1 Visa and current status is also L1.

Can I apply for fresh H1B under CAP - Exemption?

Thanks

Was H1 applied as COS or Consular Process?

[vishal27580]

Was H1 applied as COS or Consular Process?

hello.

H1 was applied as Consular Process

[raghvi]

hello.

H1 was applied as Consular Process

You would be cap exempt as you were cap counted in last 6 Years.

If you planning to join the same employer who petitioned the H1 for you they would need to file an amendment to the H1 petition to convert from consular to Change OF Status along with justification.

If you are planning to join a different employer than the original one that petitioned you, the new employer would file a new cap exempt petition as Change Of status referencing the earlier cap counted petition.

This is my opinion not legal advice.

[vishal27580]

You would be cap exempt as you were cap counted in last 6 Years.

If you planning to join the same employer who petitioned the H1 for you they would need to file an amendment to the H1 petition to convert from consular to Change OF Status along with justification.

If you are planning to join a different employer than the original one that petitioned you, the new employer would file a new cap exempt petition as Change Of status referencing the earlier cap counted petition.

This is my opinion not legal advice.

Thanks for confirmation.