L1-H1 completing 5 years, can i stay on H1 be for another 4 years after a year beak?

[indian_vvk]

Hello,

I came to US on L1B visa got expired on 2012 and I got Change of status to H1B and I will be completing 6 years of stay in next May-2015.
My Qn: If I take a year beak before expiring my H1B work permit that is 2015; can I apply for H1B extension in next 2015? can I stay on H1B work permit for complete 6 years? Or Can I apply fresh H1 Visa on next April-2015 with a year break from Oct-2014 to Oct-2015.

Please guide me.

Thank You

[raghvi]

Hello,

I came to US on L1B visa got expired on 2012 and I got Change of status to H1B and I will be completing 6 years of stay in next May-2015.
My Qn: If I take a year beak before expiring my H1B work permit that is 2015; can I apply for H1B extension in next 2015? can I stay on H1B work permit for complete 6 years? Or Can I apply fresh H1 Visa on next April-2015 with a year break from Oct-2014 to Oct-2015.

Please guide me.

Thank You

The 1 Year break has to be outside US and then only the H1 petition needs to be filed. If you are completing 6 Years in May 2015 and if you want fresh H1 for 6 Years after that then I would advise you leave on or before 31-Mar-2015, so that when the cap opens up on 01-Apr-2016 you would have completed 1 full year, also you can on that cap only post 01-Oct-2016. You cannot apply in April 2015 and take break from Oct-14-Oct-15 to reset the clock, the law says one should apply in the cap after completion of 1 Year outside stay period.

But again, these laws may change between now and next year if immigration reforms are implemented.

This is my opinion not legal advice.

[indian_vvk]

L1-H1 completing 5 years, can i stay on H1 be for another 4 years after a year beak?

Thank you for the quick reply. I have another probablity I am thinking of- If i leave in May-2014 and take a break for a year and apply for H1B extension in May-2015.

Can I apply for extension , If yes - how much extn can i expect? Can It be a year Or more than a year . Or do I need to apply fresh H1B work permit?
As I said earlier- My work permit is going to expire on may-2015 and i have completed 2 years on H1B till May-2014.

[raghvi]

Yes, if you leave in May 2014, you can apply for extension in May 2015 but you would get H1 only for the remainder time that is 1 Year.

L1+H1 can at max be for 6 Years.

What about GC hasnt it been initiated by your employer?

This is my opinion not legal advice.

[indian_vvk]

L1-H1 completing 5 years, can i stay on H1 be for another 4 years after a year beak?

If I apply GC as I have only one year left is it possible to get labor apporval in a year.

[raghvi]

Even if PERM is pending , you can still get extension beyond 6th Year for a Year. In order for that to happen you have to initiate GC at least 365 Days before 6th Year completion. So Assuming your 6 Years physical stay in US on L1+H1 is completing on 15-May-2015, you need to apply PERM before 15th May 2014. From the likes of it it seems you have very limited time to apply GC, better discuss with the employer as soon as possible and initiate the same 365 Days before your 6th Year completion.

This is my opinion not legal advice.

[indian_vvk]

L1-H1 completing 5 years, can i stay on H1 be for another 4 years after a year beak?

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