H1b Quota - Am i exempted?

[pankaj_div]

Hi,

Please help me with the following question.

my first h1b was applied in 2005 . I spent 2 years on that h1b.
Out of country for 1 year.
Came back to USA again on L1 and spent 2.5 years and currently on L1

My total stay in USA is 4.5 years. As i have not used Complete 6 years can i apply for the remaining 1.5 and go for COS from L1 to H1 (even though 6years is over from the first petition date ). Will i be considered for quota?

If i am exempt from quota will my COS be effective immediately?

Regards
Pankaj

[kabkaba]

USCIS needs the last H1 filing to be within the last 6 years. It depends on them how they interpret this.

[pankaj_div]

Some one pls. Help me with this question..it's really urgent