Currently on L1-B visa, Am I eligible for H1B cap exempt?

Had Valid H1-B from Oct-2008 to Sep-2011. Only get a chance to come to US in Jan-2011. Stayed in US till Sep-2011. Visa Expired. Went back to india then employer file L1-B visa(Valid from Nov-2011 to Oct-2014). Came to US on L1-B in Nov-2011. Staying in US since then.


  1. Am I eligivle for H1B Cap exempt if I want to work for another employer?

  2. Do I need to go back to india to cancel my current L1-B visa?



  1. Yes, you are cap-exempt as you had an approved visa before.

  2. No, you need not go out of country. You can apply for a change-of-status along with your H1 application.