H1B Cap Exemption

[Raj_G92000]

Hi,

My previous employer had filed an H1 petition in May, 2006 which got approved later that year. Can I use this one to file a new Cap Exempt H1 petition this year (Does it fit into 6 years rule)?

Thanks,

[shervin143]

H1B CAP is valid only for 6 years to use it to file CAP exempt petitions. You do the math.

[Raj_G92000]

Ok... I understand... the answer is No.

In that case I will have to wait till next season. I have another question in that regard:

I am currently on L1 Visa which will expire in Feb 2013.
My I-94 is valid till May 2015.
Due to high rejection rate, our HR department is not keen on filing L1 extensions... they are insisting on staying here on I-94 after Visa expiry date.
H1 Cap has reached this year but I hope to get my H1 filed in next season and start working on H1 status by Oct 2013

Questions:
1. If I choose to stay here on I-94 through Feb2013 - Oct2013, would that stay be considered legal?
2. If I file my GC after changing status to H1 next year, would there be any problem due to situation mentioned in Q1 above?
3. If answer to question 2 is Yes then what kind of problem I may face with my GC application?

Please reply, Thank you very much

[kabkaba]

You can stay in the US and work for the L1 employer until your I-94 date. Visa in your passport has nothing to do with that. If you leave the US, you will need a valid Visa to return.
There is no need of H1 for the sake of H1.
Since you will be in legal status until 2015, there is no question of any problem in GC processing.

[Raj_G92000]

Thank you