urgent help!! l1b 5yr and then fresh h1b remaining period

[sam12345]

5yr completed in usa on l1, and then left US after l1b to l1a conversion denial.

Back in US on h4 after 5 months stayed outside US, now an employer sponcers H1......Does the petition gets approved for 3yr or my stay in US is 1yr??

[raghvi]

5yr completed in usa on l1, and then left US after l1b to l1a conversion denial.

Back in US on h4 after 5 months stayed outside US, now an employer sponcers H1......Does the petition gets approved for 3yr or my stay in US is 1yr??

1 Year. Did you overstay the 5 Year period in wait for L1B to L1A? If yes, that period will also be counted and be reduced from the 1 Year.

This is my opinion not legal advice.

[sam12345]

Thanks....another quick question. .

If my spouce I 140 or Labour will be approved in future, will that help me to work? ?

[raghvi]

If my spouce I 140 or Labour will be approved in future, will that help me to work? ?

No. You cannot take advantage of AC21 as a derivative applicant. You either have to spend entire 1 Year outside US and file a fresh H1 petition OR have your own PERM pending for over a Year OR I140 approved.

This is my opinion not legal advice.