bravejohn Posted January 13, 2013 Report Posted January 13, 2013 Hi, Currently I am with employer A on L1-A visa which is valid till Dec 2014 (completes 7 Years) Employer B is ready to hire me and apply for H1 in Apr 2013. My question is What will be the validity of my new H1? (considering my 6 year will be completed in March 2014), Oct 2013 to March 2014 or full 3 year validity? If the new H1B is valid only till March 2014 what is possibility to continue without leaving US? Regarding 365 day cooling period If I leave on Mar 2013 Can a employer apply for new H1B in Apr 2013 or they need to wait 365 day and then apply in Apr 2014? Please advice. Thank you.
Attorney_23 Posted January 14, 2013 Report Posted January 14, 2013 In general, a foreign national may remain in the U.S. in H1B status for a maximum of 6 years. Time spent in L-1 status counts against this 6 year time limit. The H1B worker may be able to extend status beyond the 6 year limit if s/he has an approved I-140 or a PERM case (or certain other green card cases) which has been pending for at least 365 days. If you require further assistance, please schedule a consult with one of our attorneys.
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