H4 to H1B COS on a previous H1 Petition

[dthakur]

Hi,

I am in US on H4 currently. I was in US on work visa (L1) earlier. I had a approved H1 petition applied in 2007 and expired in 2010 which I never used. I am planning to use the petition to change my status from H4 to H1 with a willing employer. I am aware that I can utilized the approved petition to be exempt from the Cap. I wanted to know what would be the maximum validity period of the new H1 I would get through this route? Would it be 6 years as I have been in India for more than a year or would it be 3 years as the petition started in 2007. Please advise.

Here are the dates I was in US.

Entry Date ----------------- Exit Date ---------------- Visa Type

13th Nov 2005 ---------------- 26th Aug 2006 ---------------- L1B

3rd Feb 2008 ---------------- 1st Feb 2011 ---------------- L1B (After a gap of more than 1 year)

25th Feb 2012 ---------------- till date ---------------- H4 (After a gap of more than 1 year)

Thanks,

Dthakur

[wiweq]

You will get:

6 years - the time you stayed in US on H1b status.

If you never stayed in US on H1b, you will get full 3+3 years.