btirupathi Posted February 11, 2013 Report Posted February 11, 2013 Hello Experts, I am on L-1B working in US for last 4.5 years. My VISA is going to expire soon and I have applied for extension. I was told by VISA department that extension is going to be very short duration, maybe till Sep 2013. In this scenario, I am thinking what is the best way for me to continue in US for couple of more years. Here are my questions. If I apply for H-1B in 2013 and petition is approved, how long I can work in US on H1-B from Oct 2013? If I go back to India in Sep 1013(After L-1B expiration) and take a break for one year, am I allowed continue in US for 6 years (Excluding time spent on L1B)? If I go back to India in Sep 2013 and apply for H1-B in March/April 2014, will H-1B clock reset for 6 years? Any help on above points would be great help. Thanks, Tirupathi
Attorney_23 Posted February 11, 2013 Report Posted February 11, 2013 Time spent in L-1 status counts against time available in H1B status; therefore, typically, if a person is in L1B status for 5 years, he/she could remain in H1B status for 1 additional year. If the individual leaves the U.S. for 1 year, s/he typically resets the clock and can return for an additional 5 years in L1B (assuming s/he otherwise qualifies.)
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