L1 to H1 after 5 yrs


chets_m8

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I have been in the US with an employer ABC - on L1 visa for 5 yrs from Aug 2006 till Nov 2011 ( including the Recapture period ).

Left US in Nov 2011 and relocated back to the home country and presently in another country since May 2012 - on WORK Visa.

Applied for a H1 in Apr 2008 and got through the lottery - but did not move onto H1 and instead extened the L1 in Oct 2008.

I have 3 questions.....

Having an unutilized H1 - am I eligible for a fresh H1 for 6 years ? and from when ?

If I apply for a new H1 - in NOV 2012 - will I get it for remaining 1 yr in the current tenure? or 6 years ?

If I get only for 1 year - and work till Nov 2013 - Do I need to exit the country again and Apply for a fresh H1 for 6 years ?

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You will get the remainder of total 6 years i.e.,1 year if you use the existing cap-counted H1B. In this case, to stay beyond 6 years, your new H1B employer needs to file GC for you and must get at least PERM approved to file for further extensions.

You will get fresh 6 years if some employer files a cap-counted H1 in the FY2014 which starts accepting applications from Apr 1 2013 and which allows you to work no earlier than Oct 1 2013. To eligible for this you need to make sure you are out of US for at least 1 year.

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