L1 and H1b Total stay less than 6 years

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Hi,

I went to US in 2009 June with L1B and consumed full 5 years in Aug 2014. Then my employer converted my L1b to H1b through consular process. I come to India for Stamping in Aug 2014 and came back to US in Aug 2014. In Total I stayed 5 years 9 months in both visas (L1B+H1B). I have 3 months still remaining in 6 years period.

Can i come to US thru CAP exempt process to claim fresh 6 years since I am staying outside of US more than 6 years.

Appreciate your response. Thanks.

[raghvi]

Hi,

I went to US in 2009 June with L1B and consumed full 5 years in Aug 2014. Then my employer converted my L1b to H1b through consular process. I come to India for Stamping in Aug 2014 and came back to US in Aug 2014. In Total I stayed 5 years 9 months in both visas (L1B+H1B). I have 3 months still remaining in 6 years period.

Can i come to US thru CAP exempt process to claim fresh 6 years since I am staying outside of US more than 6 years.

Appreciate your response. Thanks.

If you are in US right now this statement "I am staying outside of US more than 6 years" does not make sense.

Even if you came back in Aug 2015, since the H1 was applied before you finished your 1 Year outside US period, you would not be eligible for fresh 6 Years h1.

This is my opinion not legal advice.