H1B cap exempt (3 years & 4 months used)

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Hi All,
I got my H1B from company A from 10/01/2008 to 08/12/2011. I went to US on 16th Feb 2010.
I applied for an extension from company A only and got from 08/07/2011 to 01/05/2013.
I joined company B in 2012 and got H1B transferred. I got extension from B from 01/24/2013 to 07/18/2015.
But my employment was terminted by company B in May 2013. I returned to India in June 2013.
For last 2 and half years I have been working in India.
So I have used 3 years and 4 months from my H1B.
Can I get H1B petition filed by any employer by cap exempt for 2 years and 8 months?
Thanks a lot.
Monk.

[shervin143]

Yes.

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H1B cap exempt (3 years & 4 months used)

Thanks Shervin, appreciate it.

Also I have L1A from my Indian employer which I got this year only. So I have H1B and I also have L1A.

My question are;

1) If I go to US from a "different employer" making use of my H1B, would my L1A from current Indian employer become void?
2) In future if I join back the US branch of current Indian company, can I re-use the L1A from current Indian employer?
3) If I go to US now from a different employer, next year can I use the L1A from current Indian employer and go for a L1 to H1B conversion to a different company that I am working for in US?
3 a) Is there any clause that an employee can get L1 to H1b coversion ONLY if employee is still part of the same employer who filed L1?

Thanks a lot.

[shervin143]

1) If I go to US from a "different employer" making use of my H1B, would my L1A from current Indian employer become void?
>>> Yes. When you apply for your H1B visa, your L1 visa in the passport will get cancelled. You cannot have both L1 and H1B at the same time.

2) In future if I join back the US branch of current Indian company, can I re-use the L1A from current Indian employer?
I am not sure what you mean by re-use. To use your L1, you need to leave the country, get the L1 visa stamped again and re-enter in L1 visa or your L1 employer will need to file a COS from H1B to L1 and that should get approved. Filing a COS will get you a new approval notice.

3) If I go to US now from a different employer, next year can I use the L1A from current Indian employer and go for a L1 to H1B conversion to a different company that I am working for in US?
>>> If your enter U.S in H1B visa, your status will be H1B. Then how can you file a COS from L1 to H1B when you are already in H1B status. Unless you enter U.S in L1 visa and work for the L1 employer, you will never be in L1 status to file a COS.

3 a) Is there any clause that an employee can get L1 to H1b coversion ONLY if employee is still part of the same employer who filed L1?
>>> Yes. If you do not use your L1 petition and enter U.S in L1 visa to work for the L1 employer, you will never be in L1 status.

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H1B cap exempt (3 years & 4 months used)

Thanks a lot again for such detailed explanation. It matters a lot to me for taking a decision.

Lastly, I have been to US on my current Indian employer's L1 for a month and I am just back.

1) So is my H1B still valid? This is the old H1B from a different employer where I have used 3 years 4 months?
2) If I decide to quit my job, I can still use my old H1B, join a new company, get new employer to file cap exempt for 2 years 8 months right?

Thanks again.

[shervin143]

1) So is my H1B still valid?
>>> It doesn't matter whether that petition is valid or not. You cannot use that petition if that job doesn't exist. That petition is valid only to work for that employer. But that doesn't mean you cannot transfer the H1B to a different employer. If that H1B petition was approved within the last 6 years, then irrespective of whether that petition is valid or not, you can use the CAP from the petition to file a new H1B petition with a different employer.

This is the old H1B from a different employer where I have used 3 years 4 months?
>>> Never mind. Read the above answer.

2) If I decide to quit my job, I can still use my old H1B, join a new company, get new employer to file cap exempt for 2 years 8 months right?
>>> Possible if you are outside U.S. You cannot do that while you are in U.S without a job. If you enter U.S in a work visa and if you are without a job then you are considered to be out of status.