Staying on H4, after L1 max years possible? And then get onto fresh H1..

[surya123]

Hi,

I have two questions:

1) After I complete my max years possible on L1-A (7 years), can i switch to H4 (my wife being working on H1) and continue staying in US?
2) After 1 year of stay in H4, can i apply for fresh H1 without leaving the country for 1 year (to reset the clock)?

Any complications, please suggest?

Reason being I will be left with only 1.2 years on H1, if I switch to H1 from L1 this year..and feel it is risky to switch on the last year, if there is any delay in getting the labor cleared and issue in getting extension on H1.

Please suggest..!

[raghvi]

Hi,

I have two questions:

1) After I complete my max years possible on L1-A (7 years), can i switch to H4 (my wife being working on H1) and continue staying in US?
2) After 1 year of stay in H4, can i apply for fresh H1 without leaving the country for 1 year (to reset the clock)?

Any complications, please suggest?

Reason being I will be left with only 1.2 years on H1, if I switch to H1 from L1 this year..and feel it is risky to switch on the last year, if there is any delay in getting the labor cleared and issue in getting extension on H1.

Please suggest..!

What stage is your GC in? If GC hasnt yet been filed in timely manner I am afraid you to leave US for one full year in order to get fresh H1.Moving to H4 for one year doesnt reset the clock.

One has to physically stay out of US in order to be eligible for fresh H1. Also, I didnt understand what you meant when you said you have only 1.2 Years on H1.

This is my opinion not legal advice.