L1 extension or H1

[mt2012]

Hi,

I came on L1B visa for the first time in Nov 24, 2007 and went back to India on Jul 30, 2010. My visa was valid from Oct 22, 2007 thru Aug 19, 2010. Then my employer again filed the L1 petition in June 2011, which I think was filed as L1 extension since I got L1B visa this time for only two years Aug 24, 2011 to Jun 19 2013. I cam in U.S for second time in Nov 2011.

Now my question is:

1. Could my employer have applied for a fresh L1 instead for extension, since I was in India for more than one year?

2. Am I eligible for another L1 extension as my visa would expire in June 2013 ( same date is in I 94). If yes, for how long I will get if it gets approved.

3. Can I apply for H1 too? If yes, when should I apply and for how long I will get it?

[shervin143]

1. Could my employer have applied for a fresh L1 instead for extension, since I was in India for more than one year?
>>> Possible.

2. Am I eligible for another L1 extension as my visa would expire in June 2013 ( same date is in I 94). If yes, for how long I will get if it gets approved.
>>> Possible since you spent 1 year outside U.s before returning back in L1.

3. Can I apply for H1 too? If yes, when should I apply and for how long I will get it?
>>> Yes. The CAP for 2013 is already over. You have to wait until April 1st 2013 to file the H1B petition under a new CAP. Your H1B start date will be Oct 1st 2013 or later.

[mt2012]

Thanks Shervin ! So I am assuming my employer should apply for L1 as a new petition and I should get it for another 3 years as my time accumlation is reset by staying outside U.S for one year. Please correct me if I am wrong.

[shervin143]

That is correct. Attach enough documents to prove that you stayed outside U.S for 1 whole year when you file the extension (Like, copies of entry exit records in the passport, arrival/departure flight tickets, Boarding passes, copies of I-94 cards etc).

Thanks Shervin ! So I am assuming my employer should apply for L1 as a new petition and I should get it for another 3 years as my time accumlation is reset by staying outside U.S for one year. Please correct me if I am wrong.

[mt2012]

I checked with my employer after reading your reply. My employer says that my current L1 is continuation of previous employement and the period I stayed outside U.S doesn't matter in this case. They say that I can only apply for L1 extension for the period I didn't stay in U.S but they cannot apply new L1 petition that will give me another 3 years as I was thinking.

[shervin143]

Well, your employer is the right person who can tell you how they filed your petition. I would also suggest you to consult an immigration attorney on your own.

I checked with my employer after reading your reply. My employer says that my current L1 is continuation of previous employement and the period I stayed outside U.S doesn't matter in this case. They say that I can only apply for L1 extension for the period I didn't stay in U.S but they cannot apply new L1 petition that will give me another 3 years as I was thinking.