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Active L1A, Expired Used H1B - Can I transfer to H1 with CAP Exempt

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  • Active L1A, Expired Used H1B - Can I transfer to H1 with CAP Exempt

    Hi:
    Situation Details :

    I had a H1B with the following details
    Approved in 2005
    Stamped and Travelled to US in 2007 Dec
    Renewed/extended till July 2010 in May 2008
    Returned to India in June 2010 - no extension applied - stayed in US for 30 months
    H1 Expired on July
    Stayed in India from July 2010 till April 2012
    Returned to US on L1A

    Question:
    Can a prospective employer file a CAp Exempt H1B for me now?
    How long will it be valid - I would have spent 30+8 months in last 5 years witha break of 20 months in between the two

    response will be highly appreciated.

    thanks

  • #2
    Originally posted by cheeta View Post
    Hi:
    Situation Details :

    I had a H1B with the following details
    Approved in 2005
    Stamped and Travelled to US in 2007 Dec
    Renewed/extended till July 2010 in May 2008
    Returned to India in June 2010 - no extension applied - stayed in US for 30 months
    H1 Expired on July
    Stayed in India from July 2010 till April 2012
    Returned to US on L1A

    Question:
    Can a prospective employer file a CAp Exempt H1B for me now?
    How long will it be valid - I would have spent 30+8 months in last 5 years witha break of 20 months in between the two

    response will be highly appreciated.

    thanks
    Hi,
    Did you get any confirmed answers to this? My case is almost similar to yours and I am trying to find out if I would be CAP EXEMPT as its more than 6 years since my initial petition.

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