H1B transfer cap exempt or not ?

Asked over 1 year ago - Springfield, IL

I had a H1B visa from oct 2006 to sep 2009. I had been in US on H1B for 18 months till April 2009 Currently I am in US on L1B status and been here for 2 years .

Can a H1B be filed using my initial H1B expired petition under cap exempt category ?

Attorney answers (3)

  1. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . No, because you were counted more than 6 years ago.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Evelyne M Hart

    Contributor Level 11


    Lawyers agree

    Answered . I agree with my colleagues. You are cap subject.

  3. Giacomo Jacques Behar


    Contributor Level 20


    Lawyers agree

    Answered . No, absolutely not. To be considered "exempt" from the numerical cap on H-1B's when "transferring" from one employer to the next you HAVE to be in valid H-1B STATUS. You are not.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more

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