Cap exempt H1B visa validity. Till what date I can utilize it?

Hi All,

I have a question about my cap exempt H1b Visa

My H1B petition was processed by a company A with validity from 10/01/2007 - 09/25/2010. I was in India at that time but chose not to go for stamping and came here in US in May 2008 on L1 visa with company B. In US company C transferred cap exempt H1B with validity period from 09/18/2008 - 08/01/2011. I didn’t join company C and continued working on L1B visa with company B till date in US. My L1B will expire in January 2014. Now I want to use my cap exempt H1B visa and switch job.

My question is till what date I can use my cap exempt H1B ? Do I have to utilize it before 10/01/2013 or 10/01/2014 ? 6 years from initial approval will complete on October 2013 but approval from company C will complete on October 2014

Thanks in advance


Do you know if C’s petition was approved w/ COS or w/ consular processing?

You can go for cap-exempt petition within 6 years from 09/18/2008.

Hi Saurabh,

C’s petition was approved as “transfer of employer of H1b” using A’s I797. I was in US working for company B on L1B visa at that time.I never went to US consulate for visa stamping with C petition. I only have company B L1B visa stamped on my passport till date. Now I intend to change job using C’s approved H1B petition because company B is not filing my green card. I am currently in US still working with B L1B visa

Thanks in advance. Really appreciate you for answering my question


Actually that didn’t answer my question. Do you know if C’s petition had an I-94 at the bottom of it or not? If it had an I-94, then you should have stopped working on L-1 and started working on H-1. If it didn’t have any I-94 attached, then you correctly continued working on L-1.

You can go for cap-exempt petition within 6 years from 09/18/2008. You can submit C’s approved petition as proof of having made through the cap.