L1B to H1B After 5 years on L1B - One year rest timeframe calculation

[edgar.world]

My 5 Years Time Limit on current L1B is expiring on Oct 30,2012 and I am traveling to my home country on Oct 15, 2012.

I have below question regarding one year reset timeframe to apply for next fresh H1B visa:

1. Can my current employer apply new H1B for me in April 2013 with start date of Nov 1, 2013 (i.e application will be filled before one year completion outside US but start date or stamping date will after Nov1, 2013)

2. If yes, will i get full 3 year term if visa is stamped after Nov 1, 2013.

3. Is it advisible to start application process of new H1B visa before one year clock reset after 5 year completion on L1B ? if not what are the consequences ?

4. How the one year reset clock is calculated for new H1B ? Clock has to be reset before new H1B filling or before H1B stamping?

I appriciate any help on these question. It will help me in plannning next steps.

Thanks,

Edgar.

[JoeF]

An H1 can be filed up to 6 months before the start date.

H1 applications filed in April can have a start date of October. If the employer wants a start date of Nov. 1, the H1 application can only be filed from May 1, on.

And further, to reset the time, an application can only be filed once you have been outside the country for a year. So, if you leave in October, an H1 to get the full time can only be filed in October the next year, or, if the quota is full by then, starting April 1, a year after.

[edgar.world]

Thanks for you reply.

Need one more clarification, if my employer decide to file H1B in April 2013 (which i assume they can), as i have completed 5 years terms and not 6 years will there be any issue in doing that ?

I guess in this scenario if H1B is approved next year (in 2013) then i will get H1B for remaining one year which can be extended later if needed from here by showing a gap of one year outside US.

Let me know if this understanding is correct ? Also if there will any issue in getting H1B approved or extended ?

[JoeF]

Thanks for you reply.

Need one more clarification, if my employer decide to file H1B in April 2013 (which i assume they can), as i have completed 5 years terms and not 6 years will there be any issue in doing that ?

I guess in this scenario if H1B is approved next year (in 2013) then i will get H1B for remaining one year which can be extended later if needed from here by showing a gap of one year outside US.

If you haven't been outside the US for one year when the H1 is filed, you will only get one year.

That can't be extended.

As I said before, you can only get a new 6 years if you have been outside the US for a year when the H1 is filed.