Question on eligibility of H1 Not subject to CAP

[sunny321]

Hi Friends,

I have H1 visa stamped on September 2008.

Currenrtly I am on L1 A and will be expire in may 2016

I am planning to ask my employer to file L to H conversion in December with NOT subject to CAP.
My I 140 is approved .

Can you please let me know whether i am eligible or not?

thank you

[shervin143]

Do you have an approved H1B petition that was issued within the last 6 years?

[sunny321]

Hi Shervin143,

I have the petition physical copy. I worked on this H1 till march 2009 and went back to India.
I came back to US on L1 in November 2010.

[shervin143]

In that case, it is possible. How much time have you already spent on H1B + L1 combined. Advisable to switch to H1B before you completely max out your 6 year limit. You can request a 3 year extension while filing the COS based on the approved I-140.

[sunny321]

Hi,
My maxout is october 2017.

[raghvi]

If your H1 petition was filed prior to March 2009 then how is it possible that your H1 was issued within last 6 Years?

[sunny321]

Regarding H1 visa , it was issued in September 2008, I went to USA in January 2009 and came back to India in march 2009.
I went back to US in November 2010 on L1B blanket visa.
In 2013 I changed my visa status to L1A Blanket and got it stamped in Canada .

So currently I am on L1 A visa.




Please let me know if you have any questions.

[sunny321]

Hi Raghvi and Shervin

Can I go ahead and file for Non Subject to cap H1 ?

Your word is greatly helpful to me

Thank you

[raghvi]

I would suggest you go ahead and try your luck no harm in it.

This is my opinion not legal advice.