How long can I stay on Fresh H1 after 3 years stay on L1

[Johnny123]

Hi,

 

I was in US on L1 visa for past 3 years. I returned to India when my visa got expired in March 13. Now my company has filed for fresh H1 Visa. Once it gets approved, when should I travel- to be eligible for 6 years stay in US. Is it necessary to stay outside US for 1 year in this case as well? Please advise.

 

 

[jairichi]

If you enter on October 2013 you will get the remaining 3 years. If you stay out for a year and your employer files a H1B application you are eligible for 6 years.

[Johnny123]

Thanks  Jairichi for the reply.

 

I am little confused. My employer has already filled H1 visa for current year. In case it gets approved and stamped should I travel only after March 2014 to be eligible for 6 years?

[JoeF]

Thanks  Jairichi for the reply.

 

I am little confused. My employer has already filled H1 visa for current year. In case it gets approved and stamped should I travel only after March 2014 to be eligible for 6 years?

That H1 would be for a max. of 3 years.

If you stay abroad for one year and THEN an employer files an H1 for you under the quota, then you would get 6 years.

The important thing is that to get the 6 years, an H1 can only be FILED when you have been outside the US for one year already.

[h12345]

think you would get only remaining 3 years ... if h1b was applied after one year of stay outside US, you could have got 6 years ... please check once with your attorney ... members please confirm

[pontevecchio]

Your employer will need to file another cap subject H1 petition next April for a start date in October for you to get a total of 6 years.

[Johnny123]

Thankyou for the responses... these were helpful!!