Need to understand Cap Exempt eligibility

Can any expert please advise if below case is eligible for a cap exempted Change of Status now based on the very old H1B issues in Nov 2003 and was valid until Nov 2006 ? Thank you in advance

Visa Type

Used duration

Employer name

L1A Regular

03/11/2015 - TILL Date

Company XYZ

L1B Regular

04/13/2008 - 04/13/2013

Company XYZ


11/02/2003 – 04/03/2004

Company ABC

If you use the old H-1 petition for cap-exempt purpose, then all L-1 stays also get counted towards the 6 year max. I didn’t do the calculation, but how much time did you spend inside US on H-1 and L-1?

Hi Saurabh
On H1B from nov 2003 till April 2004 that is 6 months then came back to India
On l1b from April 2008 till April 2013 that is full 5 years then came back
On l1a from mar 2015 till date that is 2 years till date

Pls tell me if I am cap exempt eligible. Thanks for your time

So you reset the clock while getting your 2nd L-1. In that case, you cannot use the old H-1B petition for cap-exempt purpose. Once you reset the clock and get fresh 5/6 year term, you cannot use the old petition like this. Can’t have it both ways.

ok Thanks for the update. This helps