Is my case is quota exempt or need new H1B ?

I entered into US for first time with my H1B on 9-SEP-2006 and left from US on 6-MAR-2007. My same employer applied for new L1B visa and entered second time into US on 2-JAN-2011. Using the same L1B visa I am continuing in US with same employer and same client. Now I would like to transfer my H1B visa to the new employer.
Below are my Questions:

  1. Is my H1B petition is still active to apply for VISA transfer ?
  2. Is am eligible for Quota exempt ?
  3. If I am eligible for VISA transfer how many days I can stay in US before applying for Green card ?

You have just exceeded the 6 year limit. So it may not be possible to go for H-1 transfer (which is the cap-exempt petition). Still you can review the case by your lawyer and see if it is still worth trying.

Hello Saurabh,

I appreciate your help.

I didn’t understand about the 6 year limit, on the whole I stayed in US 3 year 4 months on both H1B & L1B.

If we don’t apply for the H1B transfer within SIX years after take exit with H1B from US, Is that H1B going to be invalid ?

Kind of confusion. Please educate me little bit before going to discuss with a company lawyer.

For cap-exempt petition, you need to have an approved H-1 petition within last 6 years of filing date. In your case, it means 6 years from 6-Mar-2007 i.e. 5-Mar-2013. As it just elapsed, I am suggesting talking to your attorney to see if you can still give it a try.

The other thing is the 6 year cap on time one can spend inside US. So if you are eligible for cap-exempt petition, you can get H-1 for 6 years minus 3y4m already spent inside US.

Does that clarify?