Please advise whether i am eligible for H1B Cap exempt . Details are below

[sunny321]

Hello friends ,

1. I had H1B visa stamped in Sept 2008(employer 1)
2. Travelled to US in Dec 2008
3. Stayed in US for 2 months and in that time frame i was getting stipend from employer as i was searching for a project.
4. I came back to India in March 2009 as I couldnt able to find a project .
5. I went back to USA in Nov 2010 on L1B (employer 2 ).
6. Currently I am in USA on L1A( after 3 yrs on L1B , my employer filed new petition for L1A)
7. My visa will expire in May 2016 and I would like to ask my employer to do H conversion as the success of L1 extensions are very slim.

The teanure of 2 months on H1 i dont have any pay stubs as i was on stipend .

I have two questions.
1. Am I eligible for H1 conversion with CAP exempt?
2. Will there be any impact in this process as i have no paystubs in those two months which i stayed in US on my H1

Please suggest.

[shervin143]

1. Am I eligible for H1 conversion with CAP exempt?
>>> Yes. However, the time that you can stay in U.S on L1 + H1B together will be a max of 6 years (unless your employer files your GC process 365 days prior to the end of the 6th year). On L1A, you get to stay for 7 years.

2. Will there be any impact in this process as i have no pay stubs in those two months which i stayed in US on my H1
>>> No. Your latest payslip statements are the ones that are important. If your previous out of status was an issue, it would have impacted your L1B and L1A petitions and visa stamping.

[sunny321]

Thank You

My employer has filed GC on nov 2013 and my PERM got approved .
I 140 is filed and awaiting for approval.

[shervin143]

In that case converting to H1B will be beneficial since you can extend H1B beyond 6 years based on the approved PERM/I-140.

Thank You

My employer has filed GC on nov 2013 and my PERM got approved .
I 140 is filed and awaiting for approval.