L1b to F1 to H1b is this a viable option

[marnv0]

Hi 

 

My L1B visa is has expired 06/5/2013 after working for 5 Years, before it getting expired I have applied for an Change of status to move to F1 visa which got approved on 06/06/2013.

1. Can I apply for fresh H1 cap this april 2014? 

2. Does the 365 day cooling period rule apply, please explain?

3. As I would have been out of dual intent visa[L1 or H1] for more than 365 days by the time the new H1b petition starts on 10/1/2014 please explain.

 

Regards

Venkat

[jairichi]

Hi 

 

My L1B visa is has expired 06/5/2013 after working for 5 Years, before it getting expired I have applied for an Change of status to move to F1 visa which got approved on 06/06/2013.

1. Can I apply for fresh H1 cap this april 2014? 

2. Does the 365 day cooling period rule apply, please explain?

3. As I would have been out of dual intent visa[L1 or H1] for more than 365 days by the time the new H1b petition starts on 10/1/2014 please explain.

 

Regards

Venkat

1. No.

2. You need to stay outside US before a cap subject H1B petition could be filed. If you leave today i.e. Feb 6th 2014 and employer can file a cap subject H1B petition on Feb 6th 2015.

3. Refer 2.

[Attorney_23]

Hi 

 

My L1B visa is has expired 06/5/2013 after working for 5 Years, before it getting expired I have applied for an Change of status to move to F1 visa which got approved on 06/06/2013.

1. Can I apply for fresh H1 cap this april 2014? 

2. Does the 365 day cooling period rule apply, please explain?

3. As I would have been out of dual intent visa[L1 or H1] for more than 365 days by the time the new H1b petition starts on 10/1/2014 please explain.

 

Regards

Venkat

 

A person can generally remain in the U.S. in H1B status for no more than 6 years. Time spent in L-1 status counts against this 6-year-limit. Therefore,if a foreign national has worked in the U.S. in L-1 status for 5 years, an employer could sponsor him for an H1B position, but the individual would be limited to 1 year of H1B time.

[marnv0]

H

 

A person can generally remain in the U.S. in H1B status for no more than 6 years. Time spent in L-1 status counts against this 6-year-limit. Therefore,if a foreign national has worked in the U.S. in L-1 status for 5 years, an employer could sponsor him for an H1B position, but the individual would be limited to 1 year of H1B time.

 

Is it possible to Apply Green Card.

Option2:

1. Start the Green Card processing on the basis of Future employment after my While I am on my F1 Visa on or before 5/30/2015 before it expires by the end of my Course

2. Is this a viable option Should H1 and Green Card process should be in Parallel Path?

 

Please suggest.