AM I H1B CAP Exempted ?

[rohitmaha]

Need urgent help.

I have been on L1b visa with Employer A since last 4.5 years now.
Employer B filed for an H1 B in 2008 and was approved till Sep 2011 .. But I continued to work on L1 with employer A till date.
Now my employer A wants to fill and H1B with COS.
1. Given that I was accounted and approved in 2008, Am I H1B cap exempted ?

2. Or do my employer A needs to file a fresh H1b which again would be under CAP.

Please respond . Thanks in Advance.

[kabkaba]

Cap exempt petition can be filed. But L1B time also counts towards the 6 years, so you will get 6 year minus the time spent in the US in L1 or H1 status.

[rohitmaha]

Hello Mr Kabkaba.

Thanks you for your timely response..
Just to re-confirm, The earlier H1B (2008) expired in Sep 2011. Does that matter / impact your response above.


Your advice is greatly appreciated.

[kabkaba]

That does not matter.

[rohitmaha]

What if the original petition in 2008 was a L1 B to H1 with COS. As mentioned above I never joined employer B and also had been to India for a week during which I had stamped my L1 Extension from employer A and re-entered the US in 2009.
Please respond if a orginal filling with COS impacts the filling of a new CAP exempted H1 visa.

[shervin143]

Only the time spend in U.S in H1B + L1 status counts against the 6 year period. If you haven't used all 6 years, then you are eligible to file a COS.

What if the original petition in 2008 was a L1 B to H1 with COS. As mentioned above I never joined employer B and also had been to India for a week during which I had stamped my L1 Extension from employer A and re-entered the US in 2009.
Please respond if a orginal filling with COS impacts the filling of a new CAP exempted H1 visa.