H1-B: Can I file new H1-B/L1-A?

[vjumesh]

Hello Experts,

I am currently working in US on H1-B Visa. I got to know that I CAN NOT stay in US on the existing H1-B for more than 6 years even after spending 16 months in India because I have used the same H1-B and didn’t came to US on a new Visa.

Please note that my 1^st visa extension was approved while I was in US and then repatriated to India. I stayed in India for 16 months and returned to US on the same 1^st H1-B Visa extension approval after getting visa stamped on my passport. Recently had applied for 2nd extension and got it approved with new I-94 until 07-Jul-2013. It seems that USCIS has calculated the exact 6 years of my US stay and approved the 2^nd extension.

Please let me know the options to continue working in US after 6 years completion, i.e. after 07-Jul-2013. Per my knowledge, following are the options:

1> Apply for a Green Card – This option seems to be difficult now because have left less than a year to complete 6 years. GC/Labor should have been applied 365 days prior to 6 years completion.

2> Apply for a new H1-B against Apr-2013 new H1-B cap/quota – In this option do I need to stay outside USA at least for 12 months after 07-Jul-2013?

3> Apply for a new L1-A before 07-Jul-2013 – Is it possible to change the status from H1-B to L1-A? Will I get ONLY 1 more year L1-A visa because would have already been completed 6 years?

Awaiting your guidance please.

Many thanks in advance.

[JoeF]

If you have used the whole 6 years, a new H1 can not be filed for you until you have been out of the country for at least a year.

An L1 requires that you have worked for the foreign branch of the company for a year.