Query on H1 time remaining

[vabsie]

Hello,
Need your expert advice in understanding the following
Scenario

a) Was on H1B visa in US from 2005 to 2007. Spent 2.5 years on H1.
b) H1 was valid till 2010 but never came on H1
c) Came to US again but on L1B in 2011. Stayed till 2013 for 2.5 years.
d) Am now back in India. Have been in india for 3 months.

Question- Can I use the earlier H1B petition to be filed under cap exempt case? If yes, how much time will I get on this H1. Will the L1B time be counted in 6 years (in addition to 2.5 years spent on H1B earlier)

many thanks for your help

Regards
Vabsie

[raghvi]

Hello,
Need your expert advice in understanding the following
Scenario

a) Was on H1B visa in US from 2005 to 2007. Spent 2.5 years on H1.
b) H1 was valid till 2010 but never came on H1
c) Came to US again but on L1B in 2011. Stayed till 2013 for 2.5 years.
d) Am now back in India. Have been in india for 3 months.

Question- Can I use the earlier H1B petition to be filed under cap exempt case? If yes, how much time will I get on this H1. Will the L1B time be counted in 6 years (in addition to 2.5 years spent on H1B earlier)

many thanks for your help

Regards
Vabsie

Ad the H1B was over 6 Years back it may not be reusable. But even if it is , you would get only a Year as you have already spent 5 Years (2.5 HB and 2.5 L1B). Yes L1B time will get added.

This is my opinion not legal advice.