L1+H1B 6 years max out question

[akhil_agarwal1]

I came to US In Feb 2009 on L1-B visa (valid until Jan-2012) with Employer A. I was on L1-B until November-2011 (33 months).
Instead of L1-b extension, My employer filed for my H1-B in September 2011 and it was approved in November 2011(change of status). Since November, 2011, I was on H1-B with same employer.
My petition was valid till February 2015 and I maxed out my 6 years (L1+H1) around same time (February 2015, including vacations). Thereafter I returned to India.
I am now outside US and would complete 1 year cool down in Feb 2016.

Please advise on below questions:
1.Can my employer file for my H1-Extension after a years’ time (i.e. in Feb 2016) as cap exempt, as my H1-B petition would still not complete 6 years term? (3 years on L1 and 3 on H1)
2.When is the earliest can Cap exempt extension be filed? Has it to be filed after completing 1 year cool down or can be filed earlier but stamped/used after 1 year cool down?
3.Can a new employer file for my H1 after a year under cap-exempt?
4.In case cap-exempt is applicable, H1 filed after a year would be valid for remaining period on H1 (that is, 3 years in my case) or it will be for 6 years again?

[akhil_agarwal1]

Hi Senior Members,
Any reply ?

[raghvi]

Hi Senior Members,
Any reply ?

You can no longer claim cap exemption on the same H1 petition as the entire 6 Years has been exhausted. It doesn't matter whether it was L1 or on H1, even if you had spent 5 Years on L1B and only 1 Year on H1, it does not translate into 5 Years remaining on that particular H1.

As you have spent 1 Year outside US, in order to return to US, your employer can file for an L1 immediately, or wait till April 2016 to apply in fresh H1, if that h1 approved (if lottery and subsequent approval and stamping) you can return and work on H1 in Oct 2016 onward.

This is my opinion not legal advice.