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Is L1 to H1 transfer with COS counted against the annual cap of 65,000 ?
Anonymous2 views5 answers
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.
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.
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.