L1 to H1 Cycle reset

[kawal]

I was in US for 4.6 years on L1 My L1 expires in April 2013 and then changed my Status to B1 due to medical emergency and left US in August 2013. I have Approved H1B for the fiscal year 2013-2014..My Question is when can I go back to US so that I will get full 6 years..Will it be After April or After August..Thnx

[raghvi]

I was in US for 4.6 years on L1 My L1 expires in April 2013 and then changed my Status to B1 due to medical emergency and left US in August 2013. I have Approved H1B for the fiscal year 2013-2014..My Question is when can I go back to US so that I will get full 6 years..Will it be After April or After August..Thnx

You would be eligible for fresh 6 years only if you file H1 in April 2015, with start date of Oct 2015. Your H1 applied in April 2013 will be eligible for only 1.6 years as it was applied before you completed 1 year outside US stay. I believe even if H1 applied in April 2014 wouldn't get you fresh 6 years as it would be applied before your 1 year stay outside.

The way to avoid staying out and waiting till Oct 2015, is to use the current 1.6 years of H1, and simultaneously file for green card as soon as possible, so as to keep extending the current H1 later on.

This is my opinion not legal advice.