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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108979
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I was in the US on H1 Visa between Nov 2006 and Nov 2008 and

Customer Question

I was in the US on H1 Visa between Nov 2006 and Nov 2008 and then between Jul 2009 and July 2013 leaving just a week or two before all of my 6 Years. I went back to my country in July of 2013 and returned back to the US in L1A visa in November of 2014.
My question is can I file for H1 visa under Cap Exempt category? or do a change of status from L1A to H1 using my old I797 without getting into any lottery?.
Thank you for all your help. I appreciate it
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Since it has been longer than 6 years since your initial H-1B was approved, you would be subject to the cap once more. The best you could hope for under this circumstance would be to "recapture" the time you were outside from November 2008 until July 2009 which is 7 months. So you could conceivably do a change of status from L-1A to H-1B recapturing those 7 months, but after that, unless you get a PERM approved and I-140 approved, you would not be able to extend that H-1B status. You would have to apply for a new one subject to the cap.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Thank you for your kindness and respect. Good luck to you.

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