About validity of H1B


Maitray Modi

Recommended Posts

Hi,

I am currently (as on 10/28/2018) in USA on L1B visa, which is maxing out on 03/28/2019.

This year my H1B petition got approved (till 03/28/2020) as consular processing.

Questions:

1. Is there any way that I can change my status from L1B to H1B without going for stamping (Please note, my approved H1B petition was filed as 'Consular Processing' and NOT CoS)

2. By switching to H1B from 12/01/2018, how long my H1B will valid? Will I able to continue on H1B after 03/28/2020, assuming my employer file extn?

3. If answer of above #2 is NO - Will my H1B petition valid for more 5 years after staying out of USA for one year?

4. If I don't switch to H1B on immediate bases and stay out of USA for entire 2019 and come back to USA in Jan 2020 - Will I get 6 more years on this approved petition of H1B?

Please guide.

Thanks in Advance.

Link to comment

The duration of L1B plus H1 status remains 6 years in your case.

1. Is the employer willing to file another H1 petition with costs and COS for you?

2. H1 validity is till 03/28/2019.

3. No. If you stay out for one year and then an employer gets a cap subject H1 petition approved for you, then and only then will you get a full total of 6 years.

4. No

Even if the USCIS made an error, they will not let you profit from that error.

Link to comment

1- No, CP means you must get stamped outside

4- If you don't start working on H1B by your start date mentioned in your petition, at PoE it might mean that employer has no work for you onsite and that's why you can delay for an entire year ! 

for 2 and 3 you definitely need better understanding of what L1 and H1B is, consult your employers attorney. If you are with Indian company i.e. Infy, TCS, Wipro and other consulting companies please don't play L1- H1B game....USCIS already know this.

When did your L1 started ?

Link to comment

1. Not possible. You are required to have an interview outside the US.

2. Your H1-B shall expire on the date listed on I-797. You can continue working beyond that date if the employer applies for an extension. 

3. Total of 3+3 years of official work AND residence in the US. You can capture unused days (if any) as a 7th-year extension.

4. Same as 3. 

 

 

Link to comment

Archived

This topic is now archived and is closed to further replies.