Is L1 to H1 transfer with COS counted against the annual cap of 65,000 ?

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Hi, I am currently on L1 and my company is filing an H1 with COS for me. Will this be counted against the annual H1-B cap of 65,000 petitons.? Thanks in advance.

Attorney Answers

5
tuart Jonas ReichImmigration AttorneyNew York, NY ·
Yes, assuming the H-1B petitioning employer isn't cap-exempt. All except cap-exempt _initial_ H-1Bs are counted against the cap, initial meaning first H-1Bs or first H-1Bs after a person previously on H-1B has spent at least a year abroad. L-1 time is counted with your H-1B time towards your six permitted years in H-1B status - but it doesn't get you out of needing a cap-subject H-1B.
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Ekaette Eddings ·
Yes, unless cap exempt. Goodluck.
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William Fong ·
Yes, unless you had the H-1B status in the previous 6 years or it is cap exempt.
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Ralf Wiedemann ·
Yes, this will be counted against the cap. Also, the years you spent in L-1 status in the U.S. will count toward the 6-year maximum period of H-1B eligibility.
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