L1 B After 5 Years - When can i reapply new VISA


idk1983

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Hi,

I was at US continuously for 5 years in my L1 and I returned back to India on May 01, 2013. If I were to apply a new L1 B should I wait till May 2014, by that time I will complete one full year outside US OR can I still apply my L1 B right now and travel after May 2014.

Could you please provide your inputs in my case.

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Hi,

I was at US continuously for 5 years in my L1 and I returned back to India on May 01, 2013. If I were to apply a new L1 B should I wait till May 2014, by that time I will complete one full year outside US OR can I still apply my L1 B right now and travel after May 2014.

Could you please provide your inputs in my case.

You can apply by May 2nd 2014.

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Thank you so much for your replies..

 

My company looking for my travel around May next year..

 

Say if i file my H1 on Apr 2014 and can still i apply for my L1 B on May 2014 and travel with my L1B and then once i get my H1 petition approved while i am in US, can I switch to H1 from L1B.

 

Please advice..

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Thank you so much for your replies..

 

My company looking for my travel around May next year..

 

Say if i file my H1 on Apr 2014 and can still i apply for my L1 B on May 2014 and travel with my L1B and then once i get my H1 petition approved while i am in US, can I switch to H1 from L1B.

 

Please advice..

You need to be outside US for 365 days before a H1B petition could be filed. In your case your H1B petition could be filed only on May 2nd 2014. Possibly H1B cap would have reached by then. 

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Thank you so much for all your replies..

 

So i cant even file my H1 Petition before May 2nd 2014 even though i will be travelling on my H1 only around Nov 2014.

 

In case if my company still wants to file my H1 by Apr 2014, my 1 year (6th year) would technically start from the day I enter US or from the date I file my H1?

 

So my options would be applying for L1 B or L1 A by May 2nd 2014 technically? I have been performing managerial role for the past 2 years and now that i will be completing my 1 year outside US and performing managerial role, i believe i will qualify to apply for my L1A by May 2014.

 

My tTotal years of experience by May 2014 will be: 9.5 Years in the same company.Just wanted to check if my chances of getting L1A will be Good.

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Thank you so much for all your replies..

 

So i cant even file my H1 Petition before May 2nd 2014 even though i will be travelling on my H1 only around Nov 2014.

 

In case if my company still wants to file my H1 by Apr 2014, my 1 year (6th year) would technically start from the day I enter US or from the date I file my H1?

 

So my options would be applying for L1 B or L1 A by May 2nd 2014 technically? I have been performing managerial role for the past 2 years and now that i will be completing my 1 year outside US and performing managerial role, i believe i will qualify to apply for my L1A by May 2014.

 

My tTotal years of experience by May 2014 will be: 9.5 Years in the same company.Just wanted to check if my chances of getting L1A will be Good.

Your employer can file for your H1B by April 2014 but you will get 6 years - 5 years spent on L1. Your 1 year on H1B will start from oct 1st 2014 or the date you enter and maintain H1B status.

Yes, I believe you would be eligible for filing fresh L1 from May 2nd 2014.

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