is it COS or New H1?? L1 to H1

[vpatel]

Hi -

 

I am not savvy in these things so can any help?

 

I was on L1B for about 5 Years and then i changed it to H1B with same company. When i got my H1b approval notice i got it approved for 3 yrs.

 

Based on what i know from the forumns is that an individual can get L1 + H1 for a max of 6 years. Since i was on L1 for 5 and got H1 for 3 is it a COS or a New H1B?

 

How can i check if it was COS or New H1b? What i know is all the L1 details were mentioned in my H1b but i am not sure if it is a new H1 ( for another 6 yr) or its COS?

[jairichi]

If the H1B petition was filed after you had stayed out of US for 365 days then you would get 6 years. But, in your case I believe it was a COS that was filed and you would get the remainder of 1 year out of 6 years. Check with your employer's attorney to be double sure.

[vpatel]

I am in US only all the time and didn't say out for 365 days when i went to india on vacation after my H1B approval i got my H1B visa stamped for 3 years that made me think its a new H1B visa instead of COS that would only give me remainder of 1 yr.  What is confusing to me is; Is this my last 3 years of i can file for extension for 3 more years after my initial 3 years. My employer and attorney are not very helpful. Please give some insight if you have some info.

[jairichi]

I am in US only all the time and didn't say out for 365 days when i went to india on vacation after my H1B approval i got my H1B visa stamped for 3 years that made me think its a new H1B visa instead of COS that would only give me remainder of 1 yr.  What is confusing to me is; Is this my last 3 years of i can file for extension for 3 more years after my initial 3 years. My employer and attorney are not very helpful. Please give some insight if you have some info.

On a L1B you are allowed 5 years of stay. On a H1B it is 6 years. But, 6 years will include stay on L1 visa. Since you have already stayed for 5 years on L1B and you have not stayed out of US for 1 year you will get only 1 year on H1B. 

 

http://forum.murthy.com/index.php?/topic/52859-maximum-stay-in-us-with-l1b-and-h1b-combination/

[vpatel]

Thanks for the relpy The thing that i got get it is if i was only eligible for 1 more year on H1b given the fact that my L1B details were given to USCIS how did i get 3 years of approval and 3 years of stamping done. May be i am missing something here i think would need to get some inputs from attorney. I would expect just to get 1 year on my visa stamping on H1b if my L1 would have been taken into account for total of 6 yrs.

[pontevecchio]

They made an error.

[jairichi]

Thanks for the relpy The thing that i got get it is if i was only eligible for 1 more year on H1b given the fact that my L1B details were given to USCIS how did i get 3 years of approval and 3 years of stamping done. May be i am missing something here i think would need to get some inputs from attorney. I would expect just to get 1 year on my visa stamping on H1b if my L1 would have been taken into account for total of 6 yrs.

If you think you should get 3 years with your case ask your employer's attorney and he would clarify it for you.