L1 to H1 – eligible for cap exempt?

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L1 to H1 – eligible for cap exempt?

Hi I’ve completed full 6 years on previous H1, stayed out of the country for 2
years, and returned on L1. Am I eligible for cap exempt H1?

Asked on May 18, 2017 under Immigration Law, California

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you are now subject to the new 6 year cap.  As long as you are in L-1 status, you are fine, but when you will try to apply for the H-1B, you will be subject to the cap.  The current year's cap quota has been reached, of course.


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