How is L1 related to CAP and Remainder option

USA L1, L2 Visa
1

Hello All,

I have previously travelled to US on my H1 VISA but spent only 30 months on it and returned back in 2011.

I am sure that if I apply for H1 I will be eligible under “H1B remainder option” for the rest of the tenure in 6 yrs.

Now, my current employer is going to file my L1 petition and as far as I know there is no CAP for L1 petitions. So there would not arise any question of “remainder Option” and it will be a fresh L1 petition. Is my understanding true, or they will consider 6yrs - 30 months of my previous H1 stay. Can I opt for a fresh L1 ??? can somebody let me know. Thanks in advance.

2

There is a 5 year cap on L-1, and 6 year cap on H-1 + L-1.

If you go for L-1 now, you can avail 5 new years of L-1 as you have stayed outside US for more than 1 year.

However, if you decide to go for H-1 in future using cap-exempt option, then you will be eligible for 6 years minus time spent on L-1 minus time spent on H-1.

Makes sense?