I have an expired H1-B. Below are the details :
Issue Date : 13-Oct-2007
Expiration Date : 18-July-2010
I worked on H1-B through Employer A from Dec-2007 to Jan-2010. After that i went back to India.
I was in India for 1 and half year.
After that i came to to USA in June-2011 on L1-B through the same Employer. That means in June 2014 i will complete 2 years on L1.
I believe that i can apply my new H1-B as CAP exempt through Employer B.
If this is true, for how long i will get new CAP exempt H1 ?
Usually the H-1 should have been approved in past 6 years. This means until Oct 2013, you are eligible for cap-exempt petition. If you go cap-exempt route, then you will receive H-1 petition for 6 years minus time already spent on H-1 minus time already spent on L-1
I beg to differ your understanding. You are eligible for H1 status stay for a total of 6 years minimum. Any other status stay(like L1, H4 etc) doent count that 6 years.
Also I have never seen a rule saying that you must use with in the first 6 years of the H1 initial approval. Please double check and correct me if I am wrong. Thanks