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L1B to H1B - Cap exemption rule - clarification

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  • L1B to H1B - Cap exemption rule - clarification

    Hi All,

    I was in US until Oct, 2009 in L1B. My previous employer had applied for L1B to H1B and I had received I797B with I-94 in Aug, 2009. My employer did not apply for COS... Now, I would like to go back to US.

    1. Will I be come under H1B cap exempt rule? Since 6 years not yet complete or do I need to file for new H1 with cap.
    2. Can my new employer file for H1B transfer with above petition?
    3. Does visa stamping has to be done in Home country? can it be done from outside (like London) where I'm currently staying?

    Any information or pointers will be helpful?

    Regards
    pinnacle

  • #2
    L1B to H1B - Cap exemption rule - clarification request

    Hi all senior members,
    Please help!!!

    Comment


    • #3
      1. IF you were already counted in the CAP and have not used 6 years of L1 + H1 times, you need not file a new H1. Old one should work cap-exempt.
      2. Yes
      3. Always advisable to go to home country. However, you can enquire in London if they allow first time stamping of H1.
      Check out H1 FAQs first!
      http://www.immihelp.com/visas/h1b/h1-visa-faq.html

      Comment


      • #4
        Thanks DMX17 for clarifying it..

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