HiB Cap Exempt and GC process

[H1Bvisaquery]

I have been working for a company A and working from US on L1B since 2010. I am going to complete 5 years on L1B and the maximum stay period would be Dec-2015. I have found a university who were ready to sponsor a cap exempt H1B visa and have a couple of questions around this.

If I join the company B (university) with their cap exempt H1B and start the GC process by June 2015 - how long will it take to get the I-140 approved. I know the timeline differs from case to case but wondering if that can be done before Dec-2016 (which is my maximum stay period with a H1B). Another question is, if I have a I140 approved by the time - can I extend my H1B with a cap-based company ( I guess H1B exempt cant be transferred ).

I will appreciate any help with the clarification for the above queries. Thanks.

[H1Bvisaquery]

I have been working for a company A and working from US on L1B since 2010. I am going to complete 5 years on L1B and the maximum stay period would be Dec-2015. I have found a university who were ready to sponsor a cap exempt H1B visa and have a couple of questions around this.

If I join the company B (university) with their cap exempt H1B and start the GC process by June 2015 - how long will it take to get the I-140 approved. I know the timeline differs from case to case but wondering if that can be done before Dec-2016 (which is my maximum stay period with a H1B). Another question is, if I have a I140 approved by the time - can I extend my H1B with a cap-based company ( I guess H1B exempt cant be transferred ).

I will appreciate any help with the clarification for the above queries. Thanks.

My assumption is that the 6 years of count will also include my time on L1B. Please confirm.

[raghvi]

Your assumption is right that your L1 stay would be counted too. June 2015 till Dec 2016 provides time enough to get I140 approved provided all documentation is in place. No you cannot transfer from a cap exempt to cap subject employer. You would have to be part of Cap first. If you complete 6 Years in US, I dont think you can be part of fresh cap if you not stayed out for full 1 Year even if I140 is approved.

You might have been better off to find a cap Subject employer in the first place.

Might require careful planning and visit to a good attorney as to how to handle this scenario.

This is my opinion not legal advice.

[H1Bvisaquery]

Your assumption is right that your L1 stay would be counted too. June 2015 till Dec 2016 provides time enough to get I140 approved provided all documentation is in place. No you cannot transfer from a cap exempt to cap subject employer. You would have to be part of Cap first. If you complete 6 Years in US, I dont think you can be part of fresh cap if you not stayed out for full 1 Year even if I140 is approved.

You might have been better off to find a cap Subject employer in the first place.

Might require careful planning and visit to a good attorney as to how to handle this scenario.

This is my opinion not legal advice.

Thanks Raghvi