Regarding F2 to H1b after staying 7 years L1A visa


BkKimp

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Hi All,

I have completed 7 years stay on L1A and returned back to home country in May 2017. My wife recently got stamped for F1 Visa and also me and my kid got F2 Visa.  We are planning to enter USA on Sep 1st before my kid school starts and I am planning to come back to my country after one or two months to continue my employment in my home country.

Since I haven't stayed outside USA continuously for one year Since we left USA in May 2017, am I not eligible to apply H1B in April 2018?
or in case if I come back to USA in Feb or March 2018, am I eligible to apply COS from F2 to H1b over there in the month of April 2018?

Please help me.

With Regards

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To be eligible for a new L1 or H1, you need to have been outside the US for at least a year before an H1 or L1 application is FILED. That means in your case May 2018 (later if you come to the US in between.) For an H1, if the quota is full by that time, a new H1 could only be filed in April 2019.

The rules say that brief trips as visitor (i.e., B1 or B2) don't reset the time, they are just not counted towards the one year. The law does not say anything about visits in other statuses, but since the clause about visitors doesn't apply, it is safe to assume that it means that the time resets if you come to the US on F2. So, if you come to the US on F2 in September and stay for two months, the employer could file November 2018 the earliest.

 

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