vchithu Posted December 8, 2012 Report Share Posted December 8, 2012 I spent close to 6.5 years in US in L1A continuously and now staying in India for past 2 months. My husband came to US along with me on L2 and changed to H1 after a year. His 6th year in H1 is completing in Sep 2014. Can I go back to US around Mar-Apr timeframe on H4, apply for 2014 H1B fresh petition and start working in H1 from Oct 2013 onwards. Please let me know as I am not sure if the USCIS decoupling H4 time in H1 is applicable for me. Link to comment
Attorney_10 Posted December 11, 2012 Report Share Posted December 11, 2012 Generally, to be eligible to be counted against the H1B cap after having previously been in the U.S. on L1, the individual must spend at least one full year abroad before the requested start date on the H1B petition. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts of your case and to determine when you will be eligible for H1B status. Link to comment
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