H1B Petiton Extension

[senthil.n]

Dear Team,

I came to USA on L1B Visa (July 2011) and got my H1B under cap quota approved in 2014 and I am on H1B since October 2014.
My Max out date is October 2017 ( 6 Years - considering my out of country dates also). So, I have stayed only 3 years on my current H1B. My question is, will I be able to use my current H1B after one year cooling period. i.e. will I be able to extend the same petition after one year cooling period or will I have to apply for a fresh petition and go through lottery again ?

[raghvi]

Dear Team,

I came to USA on L1B Visa (July 2011) and got my H1B under cap quota approved in 2014 and I am on H1B since October 2014.
My Max out date is October 2017 ( 6 Years - considering my out of country dates also). So, I have stayed only 3 years on my current H1B. My question is, will I be able to use my current H1B after one year cooling period. i.e. will I be able to extend the same petition after one year cooling period or will I have to apply for a fresh petition and go through lottery again ?

Ones L1 stay gets added to the 6 Year limit, so the cooling off period will not help.

This is my opinion not legal advice.

[senthil.n]

Thanks Raghvi for your time. Will i be still able to use the H1B on cap exempt option after cooling period ?

[raghvi]

Thanks Raghvi for your time. Will i be still able to use the H1B on cap exempt option after cooling period ?

No. If your 6 Years stay in US (L1+ H1) has exhausted you need new H1 to come back on h1 OR need to have PERM pending for at least 1 Year OR need I140 approved.

This is my opinion not legal advice.