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L1B to H1B conversion . Cap exempt or not?

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  • L1B to H1B conversion . Cap exempt or not?

    Hi All,

    I have a query regarding the H1B cap exempt process and is it applicable to my case or not.

    My H1B visa was approved in 2010 but i had already traveled on a L1B to USA when the H1b was approved. I was on L1B for the next 4 years and in December 2014 was converted to H1B using the same petition that was approved in 2010. The transfer was done under cap exempt.
    Since 2014, i have been on H1B and will be reaching the 6 years time frame by December 2016.
    Max physical stay will be sometime in December (after recapturing all vacations outside the country) and my current stamped visa is till November end this year.

    The question i have is that after a one year cooling period , can cap exempt process be used to apply for a 4 years H1B visa , since i used only 2 years on the h1B visa and 4 years on L1B ? Or will i have to go through new, fresh h1B quota (Lottery process) after the cooling period ?

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