H1 B Cap

[Sahasra051813]

I have a query regarding H1 B. I lived in USA on L1B from 12/2008 to 12/2010 and on H1B from 01/2011 to 11/2014. After completing 6 years (L1B + H1B), I voluntarily left USA end of 2014 and stayed in India since then. Now that I have completed my 1 year stay outside USA, would I be eligible to apply for H1B outside the cap, to claim the remaining 2 years left on my H1B ? Awaiting your valuable suggestion.

Thanks in Advance.

[raghvi]

I have a query regarding H1 B. I lived in USA on L1B from 12/2008 to 12/2010 and on H1B from 01/2011 to 11/2014. After completing 6 years (L1B + H1B), I voluntarily left USA end of 2014 and stayed in India since then. Now that I have completed my 1 year stay outside USA, would I be eligible to apply for H1B outside the cap, to claim the remaining 2 years left on my H1B ? Awaiting your valuable suggestion.

Thanks in Advance.

Its not that each H1 is eligible for 6 Years, if an H1 was preceded by an L1 the L1 time gets deducted from the 6 Years. So in order to get fresh H1 you need to re apply in fresh cap which will open in April 2016.

This is my opinion not legal advice.

[satstar06]

H1 B Cap Exempt ??

I stayed in US for 6 years with H1 , had applied my GC thru employer and had I 140 Approved stage. After then moved to India for personal reasons and later changed my employer. I was able to file new H1 in Cap Exempt with forst employer but it was revoked after join second employer in India. Now I'm trying to get new H1 from current employer and will I be eligible for Cap Exempt since I have applied for GC once, or do i have to go for a lot? Can I reopen my GC application which was intiated by my previous employer?

[shervin143]

Did the employer revoke your I-140? If your I-140 is active, then a CAP exempt H1B can be filed based on the approved I-140. If that I-140 is revoked, then you need to go through a new CAP (quota) again to get the H1B.

I stayed in US for 6 years with H1 , had applied my GC thru employer and had I 140 Approved stage. After then moved to India for personal reasons and later changed my employer. I was able to file new H1 in Cap Exempt with forst employer but it was revoked after join second employer in India. Now I'm trying to get new H1 from current employer and will I be eligible for Cap Exempt since I have applied for GC once, or do i have to go for a lot? Can I reopen my GC application which was intiated by my previous employer?