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H1B query on cap exempt & filling time

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  • H1B query on cap exempt & filling time

    Hi All,

    Following is my case:
    "Emp B filed for my H1 in 2013 and it got approved. But I stayed with my existing Emp A on L1B visa. Later Emp B revoked my H1. I never used H1. This year my L1 is maxing out(5 years) and I am planning to ask my Emp A to file H1 under cap exempt using the H1 I-797 approved petition from Emp B."

    Query:
    I want to know
    1) Can my employer file H1 under cap exempt any time in year or it has to be before Apr.
    If it can be filed any time for eg: if filed on Dec'15 do I have to wait till Oct'16 to be able to work on this visa or I can travel and work as soon as petition is approved and visa is granted.

    2) Since my L1B is maxing out this year, If my employer files H1 before 1 year cooling period will I get new 6 years OR 4 years (as 2 years have passed since H1 was filed on 2013 ) OR just an additional year as max L1B+H combo stay is 6 years.

    -
    Many Thanks
    Supra.
    Last edited by supra; 02-24-2015, 11:42 AM.

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