L1B to H1B

[sachin210]

Hi,

 

I completed four years in US on an L1B Visa in Mar 2013. I came back to India in the last week of March 2013 and currently work for the same employer in India. My employer applied for a H1B in April 2013 and the petition got approved. I will be going for the stamping next month and have plans to travel to US in April 2014. So, I will be completing 1 year outside of US before i go back. Will that re-set my five year period. Will i get full six years on my new H1B visa ?

[jairichi]

Hi,

 

I completed four years in US on an L1B Visa in Mar 2013. I came back to India in the last week of March 2013 and currently work for the same employer in India. My employer applied for a H1B in April 2013 and the petition got approved. I will be going for the stamping next month and have plans to travel to US in April 2014. So, I will be completing 1 year outside of US before i go back. Will that re-set my five year period. Will i get full six years on my new H1B visa ?

Your clock is not reset. To reset you need to be outside US for more than 365 days before a H1B petition could be filed. Since it was not the case you would get 6 years - time spent on L1B status in US.

[t75]

You needed to be outside the US for a yer before H1B application. You get only remainder.  If they want to apply this April, it is selected and you enter for Oct 1 start on last petition, you will get 6 years.

[pontevecchio]

The one year absence is immaterial. You left for one year and then the H1 was filed and later approved. You should be able to get a total of 6 years in H1 status.

[pontevecchio]

I do apologize for misreading your post. Refer to T75's reply.

[jairichi]

The one year absence is immaterial. You left for one year and then the H1 was filed and later approved. You should be able to get a total of 6 years in H1 status.

But pontevecchio, in OP's situation he left US on being in L1B status in March 2013 and employer filed a H1B petition in April 2013 and OP intends to return with that approved H1B.

[sachin210]

Thanks for you replies. I have one more question. 

 

Based on your replies i am assuming that if i enter US on the curreny approved petition i can work there for only 2 years.

My current employer is not willing to process GC. What are my options ? Can I enter US on this petition and take up a job with a different employer ? If company B files a new CAP subject petition in April 2015, will that get me more time ? Please let me know.

 

 

[jairichi]

Thanks for you replies. I have one more question. 

 

Based on your replies i am assuming that if i enter US on the curreny approved petition i can work there for only 2 years.

My current employer is not willing to process GC. What are my options ? Can I enter US on this petition and take up a job with a different employer ? If company B files a new CAP subject petition in April 2015, will that get me more time ? Please let me know.

New employer can file a cap exempt H1B petition and on approval you can enter with valid H1B visa and I797. You will get 2 years.

If company B files a cap subject petition in April 2015 you will get 6 years.

[sachin210]

Thanks Jairichi. Just wanted to clarify one thing. Since I already have a approved petition I am planning to travel to US in April 2014. I know another employer (let say employer B) who is willing to process H1 for me next year(Apr 2015). Will I get 6 - 1.5 years (subtracting period from Apr 2014- Oct 2015) if employer B's petition gets approved?

[jairichi]

Thanks Jairichi. Just wanted to clarify one thing. Since I already have a approved petition I am planning to travel to US in April 2014. I know another employer (let say employer B) who is willing to process H1 for me next year(Apr 2015). Will I get 6 - 1.5 years (subtracting period from Apr 2014- Oct 2015) if employer B's petition gets approved?

You would still need to spend 365 days outside US to be eligible to file a cap subject H1B petition (to get 6 years) by employer B in April 2015.