Can I apply cap excempt H1B during cooling off period

Hi @Kalpesh_Dalwadi,

I will be going out of USA for one year cooling period after my L1A tenure.

Looks like I am eligible to apply for a cap excempt H1B and I am planning to apply for the same. Do I need to wait to complete the one year cooling off period to start applying for the cap excempt H1B or I can apply for the cap excempt H1B during my cooling off period and stamp the Visa after the cooling off period and travel if the Visa is approved?

Thanks,
Rakesh

May I know the basis.

@Kalpesh_Dalwadi I have an applied H1B approved notice from Employer A, but never stamped the H1A Visa. I have travelled on L1A from Employer B. Since I have not joined with Employer A, Employer A has revoked my H1B (I have the approval notice). I have completed 6 years on L1A and got transferred to Canada through Employer B. My understanding is once I complete 1 year in Canada, My L1A will reset and my cooling period will be done. Also my understanding is that I may be eligible to apply for a cap excempt H1B with the approval notice I have (approved but revoked H1B, which I never used and stamped). If I am eligible to apply a cap excempt H1B, can I apply for the cap excempt H1B during the one year cooling off period (when I am in Canada) and travel to USA (if my cap excempt H1B is approved) after the cooling period? Or I need to complete 1 year to reset my L1A and cooling off period to apply for cap excempt H1B?

Ideally USCIS will expect you to file H1B petition after you spend one year outside of the US. You may apply for cap- exempt H1B during the cool off period with a start date of 1 year from the L1A expiry.

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Thank you @Kalpesh_Dalwadi