H1b transfer query

It is controversial with U.S.C.I.S. as to whether an H-1B that began over six years ago is still allowed to be used for cap exemption purposes where there is a new petition. Adjudications have been varied where the situation has presented itself. The further difficulty in your case, however, is that any time used in L-1 status is also counted against the six-year limit of an H-1B. It would thus appear that if U.S.C.I.S. were to honor the first H-1B as conferring cap exempt status on the second petition and approve the second petition, it could only do so for a limited number of months – that amount of time that you have left after deducting all time spent under H-1B and L-1 statuses.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.