Max Stay allowed for H1 B after filing new H1b for L1 B visa holder

[sunkkumar]

Hi ,

 

I completed my 5 years stay in US last month (Jan-2016) on L1 B visa and retuned to India on Jan-6^th, 2016.  My employer is ready to file H1B visa for this year (April,2016 CAP), I am hearing that my previous stay will be counted for when filing new H1 B petition this year I was working in US last month (After April-2015).

 

In this case, please let me know

 

1.  If my petition selected in this year CAP and if I travel after one year (Feb-2017), will it reset my previous stay and can my employer file for extension   up to 6 years?
2. If  I am not travelling immediately with the new H1b this year, till what time/period is the petition will be valid.
3. If my petition selected in this year CAP and I am not travelling till next April, can I file for new H1B for next year CAP with 6 years of stay?
4. What is minimum time needed for completing the GC process (for filing I-140 and to extend my h1b stay for another 3 years) , can we complete this in 1 year of time?

 

Kindly help me on the above queries as I need to confirm my employer asap.

[rohang]

1) no, it will not reset. you need a year gap before you apply for H1b. 

2) you have enough time, it doesnt expire that quickly. but max period that you will get is 1 year.

3) yes. Max sure its filed under cap

4) yes. (but no guarantee) 

[JoeF]

You would only get one year if the H1 is filed this year.

The time would only reset if you have been abroad for at least a year when the H1 is FILED.

[sunkkumar]

Thanks for your quick response.
My Employer is ready to file for 1 year as it won't impact them much, but I am reviewing the best option which would help me for in future. Kindly let me know If my petetion is slected in CAP this year (with one year validity and 5 years L1 B stayed period) and I am travelling on Feb-2017, is the max stay clock with reset and can I file for extension ? or do I need to return by Feb-2018(When I completes the 6th year in US)
 

[JoeF]

Thanks for your quick response.

My Employer is ready to file for 1 year as it won't impact them much, but I am reviewing the best option which would help me for in future. Kindly let me know If my petetion is slected in CAP this year (with one year validity and 5 years L1 B stayed period) and I am travelling on Feb-2017, is the max stay clock with reset and can I file for extension ? or do I need to return by Feb-2018(When I completes the 6th year in US)

 

 

It doesn't work that way. Please read my earlier response:

"The time would only reset if you have been abroad for at least a year when the H1 is FILED."

You can not reuse the previous H1 to get the full 6 years.