L1A to H1B - Little complicated & Urgent Please

[Q_on_Tech_Change]

Hi all,

 

I came to US in 2005 on L1. I was also out the whole 2010.

 

I have my Approved H1 in 2008 but never used. 

 

I am planning to apply for H1 in 2015. Can  come on dependent visa in 2015 & use the 2008 approved petition (assuming I am out of US for 2014 year )? I am asking because by 2014 end I would complete 6 years of approved H1.

 

 

Please suggest.

 

Thanks in Advance!

 

Have a great day!

 

 

 

 

[pontevecchio]

It does not work that way. Your total of L1 plus H1 stay remains 6 years. The way to get a fresh start as it were is to stay out for one year and THEN have an employer file a cap subject H1 to start in October.

[JoeF]

Approved time doesn't matter. Actual time in the US in H1 status is what counts towards the time limit.