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MKrishnaUSA2020

L1+ H1 After 365 days cooling period

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Hi

I was in USA from 2014 July 25th to 2018 Nov 8th with L1B (4 Years) and 2019 Jan19th to 2020 September 19th on H1B(2 Years) visa. I am currently in India. Here are my questions

  1. Am I eligible to travel back to USA with Existing H1B (since I have not used all 6 years in H1B) after 20th September 2021?

  2. Am I eligible to apply Fresh H1B lottery in 2021(my company already submitted my Visa, not sure about lottery yet) and travel in early 2022?

  3. Please suggest alternate solutions to go to USA

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Request your employer to start your PERM GC process immediately, so you can have an I-140.  It will help you extend H1b beyond 6 years.

Edited by Zodiac System

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The time on L1 and H1 is combined, so you have used the allowed 6 years.
You can not use your existing H1.
A new H1 can only be FILED once you have been abroad for a year. So, a company can only FILE an H1 on Sep. 20, 2021. If the quota is full by then the earliest date to file would be April 2022.

 

 

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