Please suggest if the following information provided by the Immigration Attorney is correct:
1- Came to US in May 2011 on L1B.
2- Stayed in US for 5 years and left US in April 2016.
3- H1B picked up in the lottery and got approved for the year 2016 -2017 (One year validity Oct 2016 to Sep 2017)
4- Entered US on H1B in June 2017.
5- Left US in Oct 2017.
6- New Cap exempt petition filed in Nov and approved for 9 months
Based on the above scenario my attorney confirmed that since my H1B was approved as Notify the office and first time the H1B is activated in June 2017 after completing 1 year out of US hence my Cap H1B filed and approved in 2016 is good for next 6 years. The time I stayed on L1B will not be counted towards 6 years of H1B.
Please suggest and share your experience if you were in this situation.
1- Came to US in May 2011 on L1B.
2- Stayed in US for 5 years and left US in April 2016.
3- H1B picked up in the lottery and got approved for the year 2016 -2017 (One year validity Oct 2016 to Sep 2017)
4- Entered US on H1B in June 2017.
5- Left US in Oct 2017.
6- New Cap exempt petition filed in Nov and approved for 9 months
Based on the above scenario my attorney confirmed that since my H1B was approved as Notify the office and first time the H1B is activated in June 2017 after completing 1 year out of US hence my Cap H1B filed and approved in 2016 is good for next 6 years. The time I stayed on L1B will not be counted towards 6 years of H1B.
Please suggest and share your experience if you were in this situation.
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