H1B - Conversion and Max Out period

[Hemag]

Hi, I have the below questions related to my scenario and expect your quick response please.

1. I was in USA on L1B with Company A from Nov 08, 2008 till Sep 27, 2013 (Close to 5 years) and now back in India.
2. I also got my H1b approved through an external consultant in 2013 and is valid from Oct 1, 2013 till Jan 7, 2015.
3. I travelled to India on Sep 27th, 2013 and wish to return only after an year, so that I can reset the max out clock of 5 years.
4. My wife is now working in USA with H1B since Oct 1, 2013 for Company C.

Questions:

1. Can I come to USA anytime from 1st Oct, 2014 in H1B and continue my stay in such visa for 6 years (as my clock will get reset) by applying H1b extension immediately or within 2 months after I arrive?
2. Can I come in L1A through my Current company A after an year and get COS from L1A to H1B (with my existing petition that was unused).
3. Can I come in H4 visa and get COS from H4 to H1B (with my existing petition that was unused).
4. My current H1b petition is valid till 7th Jan, 2015 only and if I havent arrived USA till then through any visa, can I use this expired/unused H1b petition later to exempt from Cap?
5. If I start to work with my currently approved H1b in future, Can I stay there continuously for 6 years with that visa. (I got this doubt because, the current H1b was approved within max out time of 6 years, 5yrs in L1b+1year in H1b)

Basically, I want the best possible suggestions for me to use my approved H1b petition in any form rather than wasting it.

Thanks,
HG11

[jairichi]

Hi, I have the below questions related to my scenario and expect your quick response please.

1. I was in USA on L1B with Company A from Nov 08, 2008 till Sep 27, 2013 (Close to 5 years) and now back in India.

2. I also got my H1b approved through an external consultant in 2013 and is valid from Oct 1, 2013 till Jan 7, 2015.

3. I travelled to India on Sep 27th, 2013 and wish to return only after an year, so that I can reset the max out clock of 5 years.

4. My wife is now working in USA with H1B since Oct 1, 2013 for Company C.

Questions:

1. Can I come to USA anytime from 1st Oct, 2014 in H1B and continue my stay in such visa for 6 years (as my clock will get reset) by applying H1b extension immediately or within 2 months after I arrive?

2. Can I come in L1A through my Current company A after an year and get COS from L1A to H1B (with my existing petition that was unused).

3. Can I come in H4 visa and get COS from H4 to H1B (with my existing petition that was unused).

4. My current H1b petition is valid till 7th Jan, 2015 only and if I havent arrived USA till then through any visa, can I use this expired/unused H1b petition later to exempt from Cap?

5. If I start to work with my currently approved H1b in future, Can I stay there continuously for 6 years with that visa. (I got this doubt because, the current H1b was approved within max out time of 6 years, 5yrs in L1b+1year in H1b)

Basically, I want the best possible suggestions for me to use my approved H1b petition in any form rather than wasting it.

Thanks,

HG11

Your clock is not reset. Only if your H1B petition was filed after you being outside US for 365 days you will get 6 years of H1B.

1. You will get 1 year irrespective of anytime you plan to enter.

[JoeF]

To get the full 6 years, you would have to be outside the US for at least one year and THEN an employer can FILE a new H1 for you under the quota.

If you use your existing H1, you would only get the remainder time.