To check the Validity for H1 B Cap exempt and duration

[chandran.me]

Hi,

Please help me by providing inputs based on my scenario drafted below..

I worked in US on L1B from Jan 2008 to Aug 2010
I had applied for fresh H1 B (hope its under 2010 cap) and got it approved on Sep 2009 with a validity till Sep 2012 without change of status
Applied for Change of status from L1 to H1 on Sep 2010 and got it changed on Oct 2010.
Worked for H1 B Employer for one month from the start date of status change application
Returned to India immediately after status change and stayed for 3 years in India
Never got stamped for H1 B

Now i have a H1 B approved on Sep 2009 valid till Sep 2012
But stayed in US for only few days after H1B status change

1) Can i apply Cap exempted with a new employer in India?
2) how long will get the validity if i apply under cap exempt?
3) Is it going to be 5.9 years or fresh 6 years ?
4) Or is it going to be till Sep 2009 plus 6 years -> Sep 2015?

Please help me what will be the situation...

Thanks,
Chandran

[Nattybone]

Hi,

Please help me by providing inputs based on my scenario drafted below..

I worked in US on L1B from Jan 2008 to Aug 2010
I had applied for fresh H1 B (hope its under 2010 cap) and got it approved on Sep 2009 with a validity till Sep 2012 without change of status
Applied for Change of status from L1 to H1 on Sep 2010 and got it changed on Oct 2010.
Worked for H1 B Employer for one month from the start date of status change application
Returned to India immediately after status change and stayed for 3 years in India
Never got stamped for H1 B

Now i have a H1 B approved on Sep 2009 valid till Sep 2012
But stayed in US for only few days after H1B status change

1) Can i apply Cap exempted with a new employer in India?
2) how long will get the validity if i apply under cap exempt?
3) Is it going to be 5.9 years or fresh 6 years ?
4) Or is it going to be till Sep 2009 plus 6 years -> Sep 2015?

Please help me what will be the situation...

Thanks,
Chandran

Hello, Chandran.

Yes. You will be cap exempt as you were subject to H1B cap in 2009.

Also, total L1+H1 stay is 6 years. You can calculate the balance time by subtracting the time you have already stayed in US.

Hope this helps.

Wishing you luck.

Cheers,

[chandran.me]

Thank you for the info..But i am staying in India for last 3 years. Usually in many discussions people say that H1 B time clock is 6 years valid... So please explain me how my L1 B stay will be counted for the H1 B six years time period...

[raghvi]

People have this misconception that merely staying outside of US for 1 year or more will reset their H1 clock.

The law states that if you stay out for more than one Year you are basically given an option.

To either use the remainder of H1 time ( which in your case would be L1 + Time spent in US on H1)

OR

To apply for fresh L1/H1 petition and get fresh 5 Years/6 Years time.

One cannot club cap exemption and clock reset.

This is my opinion not legal advice.