Can I apply for new h1b/L1A next year if I dont use the current l1 to h1 converted visa?

[Empire]

Hi,

I have completed my 5 years on L1b visa and now L1B to H1B conversion got approved(valid since oct1/2014) but I cant go back this time because of personal issues.My plan is to return to USA after 1+ years and apply for green card.My questions are

 

 

1.Can I apply for fresh H1b/L1A after staying in India for 1 year?

2.Can I use the already approved unused L1- H1b conversion visa next year if I dont get new h1B/l1A?

 

[jairichi]

1. Yes. Only if a cap subject H1B petition was filed after you stayed outside US for more than a year you are eligible for 6 years on H1B. Otherwise you are eligible for 6 years - number of years stayed on L1. For L1A petition if a petition was filed within a year of your stay outside US you are eligible for 7 years - number of years stayed in US on L1B.

2. Yes. But you will be eligible for only 1 year on H1B as total years on H1B is 6 years which includes stay on L1.

[rajesh.meher]

Hi,
I am in a different situation now so guidance needed.

1) My H1B COS approved on 10/6/2014 and L1B extension also approved on 11/3/2014 for a same employer. I know since my L1B extension have been approved later so i will move back to L1B.

Is there any way i can come back to H1B since i got two years approval and for L1B extension i have less than 1 years. Can anyone please guild me?
 

[rajesh.meher]

Hi,
I am in a different situation now so could you please let me what is the best thing i have to do?

1) My H1B COS approved on 10/6/2014 and L1B extension also approved on 11/3/2014 for a same employer. I know since my L1B extension have been approved later so i will move back to L1B.

Is there any way i can stay for H1B since i got two years and for L1B extension i have less than 1 years. Can anyone please guild me?

Is there any way if i can withdraw L1B extension petition which is already approved?

[jairichi]

Hi,

I am in a different situation now so could you please let me what is the best thing i have to do?

1) My H1B COS approved on 10/6/2014 and L1B extension also approved on 11/3/2014 for a same employer. I know since my L1B extension have been approved later so i will move back to L1B.

Is there any way i can stay for H1B since i got two years and for L1B extension i have less than 1 years. Can anyone please guild me?

Is there any way if i can withdraw L1B extension petition which is already approved?

If you have stayed on L1B for 5 years then you are eligible for 1 year on H1B. Where are you located now? US or home country?