Question: Would I be counted under cap for H1B? I spent five years on L1B, and last year got my H1B for sixth year. If my visa expires in July 2013, can I file a new H1B visa in July 2014 if I remain out of the U.S. for one year? Would it be counted under the cap or would it be cap exempt?
Answer: The cap applies to you since you would have been in the US for six years on an H or L status. You can file when the next cap opens April 2014 for the H1 to start October 1, 2014.