Currently I am on L1B visa and I will complete 5 Years on L1 on March 2016. I am planning to apply for H1B Cap on 2016.
Questions:
In case my case get selected in lottery in 2016 and if I travel after 1 year that is April 2017 (After cooling period over), will I get 6 years or my 5 years on L1 would be counted and I will just get 1 year of stay in Usa on H1B.
Currently I am working in company A and in case I apply H1B visa through company B then can I transfer my H1B to company A after 1st Oct 2016.
H-1 needs to be applied after the cooling period in order for the clock to be reset. If you apply in April 2016, then you get 1 year on H-1. If you apply in April 2017 (after leaving US in Mar 2016), then you get 6 years on H-1. Having said that, if you file H-1 in 2016 and your employer files for your GC then you may be eligible for 7th year extension after certain stages have been cleared.
Yes, A can file for cap-exempt petition for you based on B’s approval. You will still be subject to 1 year limitation as explained in (1)
Thanks Saurabh, I have one more question on same line
Currently I am on L1B visa and I will complete 5 Years on L1 on May 2016. I am planning to apply for H1B Cap on 2017. In case my case get selected in lottery in 2017 and if I travel on Oct 2017 , will I get 6 years ?
As I returned to India in May 2016 and applied for H1B cap in April 2017 which is less than 365 days, I am not sure if cooling period counted by petition file date or stay period outside USA
AFAIK, it needs to become effective 365 days after you leave US. Even if it is applied in April 2017, it will become effective from Oct 2017 which would give you the required cooling period. However, check w/ an attorney. If it is indeed filing date, then you can leave US early (like in late March), so that you can reset your clock w/ H-1 filing.