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H1B Visa Validity of 6 years Question

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  • H1B Visa Validity of 6 years Question

    Hi, I am currently in L1 visa and have completed 3 years. I tried to convert from L1 to H1 in 2013 April but didn't succeed in lottery system. Meanwhile my existing employer filed an extension of L1 visa. I received a RFE. I am planning to respond RFE but I see very less chances of extension getting approved, looking at the current trend of L1 visa. I might have to go back to India by Dec 2013.

    I am hoping to apply for H1 again after i go back in 2015 CAP that begins on April 2014. My questions are:

    1. If I get H1B in 2014, I assume I would get it for 2 yrs X months (6 yrs total - 3 yr X month I already spent on L1). Could this duration create any problem when I have to apply for H1B extension ? Is that a good idea to go for H1B in April 2014 or shall I spent one full year outside USA ?

    2. I was reading some article about H1B and read about EVC and EC model. Can someone explain that team in detail ?

  • #2
    1. If the first petition is approved for the entire remainder period (2years x months), there will not be any extension since you will be using up all your 6 years. Only if GC is filed you can extend beyond 6 years. If you spend 1 year outside and then file, you will get a fresh 6 years.

    2. EC means employer-client and EVC means employer-vendor-client. EVC petition are scrutinized more than EC (than direct E).
    This is my opinion and not legal advice.

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    • #3
      Kabkaba,

      Thanks a lot for your help.

      Few more questions on what you explained.

      1. What is the process of filing GC once a person is on H1 and approximately how much time would it take to file a GC ? Is there any article which explains this process ?

      2. If GC is filed, how many years extension can a person get ?

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