h1b cap exempt

[ummu salamah]

hi,

My i797 petition for H1b was filed in february 2010 and visa stamped in apr 2010 . I travelled to usa on sep 2010 and stayed for 1 year and returned to home country in oct 2011. Again in oct 2013 my employer filed me L1 blanket visa , In that i travelled to usa on oct 2013 and am currently staying here . clarifying my below questions will be very helpful to me .

[raghvi]

hi,

My i797 petition for H1b was filed in february 2010 and visa stamped in apr 2010 . I travelled to usa on sep 2010 and stayed for 1 year and returned to home country in oct 2011. Again in oct 2013 my employer filed me L1 blanket visa , In that i travelled to usa on oct 2013 and am currently staying here . clarifying my below questions will be very helpful to me .

1. Am i eligible for cap exempt ?

2. if yes how much time is available to file my H1B cap exempt?

3. how much does it cost to file H1B cap exempt?

4. what are the documents needed to be submitted ?

5.H1B cap exempt can be filed with different employer?

6. any hidden rules that i must be aware of H1B cap exempt?

7. if my H1B cap exempt is approved how much time i get to stay in usa?

thank u very much for spending time to read this , any help by answering these question will be much appreciated

1. You seem to be. Do you have the H1 approval notice with you?
2. I would say till Oct 2017 ( 6 years from last held H1 status).
3. You should not be the one paying for it. Its employer's cost. It depends upon the legal firm the employer hires.
4. The approval notice copy of original H1 (I797 should be enough) for the employer. They would in turn first file the LCA and use the copy of approval petition to file their own cap exempt petition.
5. Yes.
6. If H1 is applied as COS. Then if L1 to H1 COS is approved, you must work with the H1 employer from COS date. Any employment with L1 employer post COS to H1 is illegal.
7.L1+H1 can at max be 6 Years. So do the calculation of how much time you spent in L1 or H1 status.

This is my opinion not legal advice.

[ummu salamah]

thank u very much for quick reply