H1B -> L1A -> H1B cap excempt in 2007 ?

E

elephantsdream

Registered Users (C)
Dear Sir/Madam,

I wanted to know if i could be cap - excempt to apply for H1B any time in 2007
Heres my background.

oct 2003 - Obtained h1B petition which was valid only till Sept 30 2006 ( 3 years ).
oct 2004 - travelled to USA with a valid stamped H1B visa. ( H1B visa was valid till Sept 30 2006 , so was I94)
Aug 2006 - Applied for H1B to L1A conversion
Sept 30 2006 - Left USA
Oct 2006 - Got L1A conversion approval
Dec 2006 - travelled to USA with a valid stamped L1A visa. ( L1A visa is valid till Aug 30 2009 , so is I94)

will i be cap excempt to apply for a H1B under AC21.
If yes ,Upto what time will i be cap excempt.
when i appy how many years more extension will i get.

Thanks in Advance
 
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Thanks a lot for the Crisp reply GotPR :)
It would be great if you could answer this question also ,since i am planning to get into F1 and back to H1B.

Upto what time will i be cap excempt.
will it be September 2009 ( since the petition came on Oct 2003)
Or
will it be September 2010 ( since the i entered US on H1B in Oct 2004)
 
I think GotPR is wrong

I think GotPR is wrong. Based on your current status (L1A) quota is applicable to you. You are not exempt from the Quota.

A person can stay in US on H1B+L1 Status for total 6 years. So, the time left for you is 6 - (Time of US stay on H1B Status) - (Time of US Stay on L1 Status).
 
Hi Cbalas,
Thanks for your response. I thought AC21 has this provision for H1B portability.

It says that
once you have been counted against the cap for H1B you will not be counted for next 6 years , untill you maintain a Legal working status in the US without a gap of more that 1 year .
Unfortunately it does not say weather it has to be a H1B Legal working status or it can be any other ( L1 ) working legal status .

Please share your thoughts on this.
 
AC21 has nothing to do with H1 quota. The point is once you are counted toward H1 quota once within the last 6 years , you are exempt from quota.
It is actually the law.

This is actually law says(INA 214 (g) (7)).

(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.


Obviously, you are not eligible to full 6 years H1 as you have been in the US, therefore you are exempt from H1 quota as of now.
 
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You are exempt from Quota

I read the law and looks like you are exempt from Quota. Sorry for giving wrong information.
 
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