Special Case of L1B to H1B - How much stay on H1B?

Hello All,

Below are my USA entry and exit dates along with type of Visa –


From (IN) (mm/dd/yyyy) ----> To (OUT) (mm/dd/yyyy) -----> H1/L1/B1

3/30/2014 ----> 1/8/2019 ------> L1B
2/6/2019 ----> N/A ------> H1B

My current H1B Visa and Petition is valid till 3/29/2020. On this date, it will max out - as total 6 years of stay will over, jointly on L1B and H1B.

Question:

After staying out of USA for one year, starting from 30-March-2020 (e.g. till 29-March-2021), am I eligible for getting remaining unused period of H1B (roughly 4.75 year)?

I mean, will I eligible for cap exempt extension for remaining tenure of my H1B?

Or Else

My H1B petition will end on 29-March-2020 with no further extensions?

Please Note:

At the time of applying for H1B (on 1st April 2018), I was in USA and my H1B petition was filed under consular processing (not ‘change of status’). Hence I went to India for stamping and entered (on 6th Feb 2019) in USA on H1B.

As per my understanding, your current term (including L and H status together) ends at the end of 6th year. After one year, you should apply in the Annual CAP category, I dont think that you would be cap exempted for your remaining H status(I may be totally wrong though, pl check with the lawyer).