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Question on eligibility of H1 Not subject to CAP

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  • Question on eligibility of H1 Not subject to CAP

    Hi Friends,

    I have H1 visa stamped on September 2008.

    Currenrtly I am on L1 A and will be expire in may 2016

    I am planning to ask my employer to file L to H conversion in December with NOT subject to CAP.
    My I 140 is approved .

    Can you please let me know whether i am eligible or not?

    thank you

  • #2
    Do you have an approved H1B petition that was issued within the last 6 years?
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Hi Shervin143,

      I have the petition physical copy. I worked on this H1 till march 2009 and went back to India.
      I came back to US on L1 in November 2010.

      Comment


      • #4
        In that case, it is possible. How much time have you already spent on H1B + L1 combined. Advisable to switch to H1B before you completely max out your 6 year limit. You can request a 3 year extension while filing the COS based on the approved I-140.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Hi,
          My maxout is october 2017.

          Comment


          • #6
            If your H1 petition was filed prior to March 2009 then how is it possible that your H1 was issued within last 6 Years?

            Comment


            • #7
              Regarding H1 visa , it was issued in September 2008, I went to USA in January 2009 and came back to India in march 2009.
              I went back to US in November 2010 on L1B blanket visa.
              In 2013 I changed my visa status to L1A Blanket and got it stamped in Canada .

              So currently I am on L1 A visa.




              Please let me know if you have any questions.

              Comment


              • #8
                Hi Raghvi and Shervin

                Can I go ahead and file for Non Subject to cap H1 ?

                Your word is greatly helpful to me

                Thank you

                Comment


                • #9
                  I would suggest you go ahead and try your luck no harm in it.

                  This is my opinion not legal advice.

                  Comment

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