L1 to H1b Conversion - Cap Excempt Limit


I came to US In Jan 2009 on L1-B visa (valid until December-2011) with Employer A. I was on L1-B until November-2011 (34 months).

Instead of L1-b extension, My employer filed for my H1-B in November 2011 and it was approved in December-2011. Since December, 2011, I’m on H1-B with same employer.

My current petition is valid till December 2015 and I would max out my 6 years (L1+H1) around same time (December 2015, including vacations).

My employer has no plans to file for my GC yet. I understand that If my GC is not filed, I would have to go back and stay out of US for 1 year period.

Please advise on below questions:

Can my employer file for my H1-Extension after a years’ time under same H1-B petition, since my H1-B petition would still not complete 6 years term? (3 years on L1 and 3 on H1)

Considering case 1 is true, Will I be eligible for Cap-exempt?

When is the earliest can Cap exempt extension be filed? Has it to be filed after completing 1 year term or can be filed but stamped/used after 1 year?


  1. Yes, you get 6 years for cap-exempt. Out of which you would have spent 4 years(Dec 2011 to Dec 2015). You can avail remaining one year(adding 1 year cool off)

  2. Yes for the last one year

  3. 1 year cool off is for your stay within US. You should be able to file for extension anytime but can enter only after an year.