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  • Extend Old H1

    I have spent 5 Years in United States on L1-B Visa
    Later Converted my Stay to H1-B and Stayed for 1 more Year continuously ( Pettition approved for 1 year only).
    6 years completed and went out of US.
    Now I have stayed more than one year outside United States.
    GC was not filed in my case at any point of time.

    Am I eligible to file an extension pettition against my old H1B to get the remainder 5 years ?
    If Yes/No , can you share the USCIS reference for my case ? (if available)


    Appreciate your time..
    Last edited by dhanapal; 07-14-2014, 01:07 AM.

  • #2
    question on utilizing old H1B petition

    Hi team,

    I am in similar situation, and I am really delighted to see your clear and to the point answer.

    My H1B petition was filed on 14 sep 2011.Got approved H1B petion which was valid from 14 NOV 2011 to 31 DEC 2012. I traveled to US and stayed from 22 DEC 2011 till 30 MAR 2012(approx 3 months) for a employer A , and returned back to india on 30 MAR 2012.

    I have following queries:-

    1. Now as of today 14 july 2014, can i utilize my old H1B petition(note it was valid till 30 MAR 2012) to further claim rest of 5 years 9 months now for same employer A or other employer B?

    2. If the answer to above question is yes...can i apply any time in year 2014 without be counted/waiting for next year H1B cap?

    3.can i apply staying in india or can I apply after coming to USA on H4 too?

    4. In case i come to USA in H4, can i apply for change of H4 to H1 staying in USA itself using my old expired petition?

    Thanks a lot for answers/suggestions on my queries.

    Regards,
    skumar.

    Comment


    • #3
      L1 then H1 Extend after 365 days

      I have spent 5 Years in United States on L1-B Visa
      Later Converted my Stay to H1-B and Stayed for 1 more Year continuously ( Pettition approved for 1 year only).
      6 years completed and went out of US.
      Now I have stayed more than one year outside United States.
      GC was not filed in my case at any point of time.

      Am I eligible to file an extension pettition against my old H1B to get the remainder 5 years ?
      If Yes/No , can you share the USCIS reference for my case ? (if available)


      Appreciate your time..

      Comment


      • #4
        @Dhanpal: Your employer would need to file for a new L1/H1. If filing H1, H1 cap is over for this year so you will have to await till April 2015, and then if H1 approved start only from Oct 2015. If you want to travel earlier than that you have to go L1 route.


        @sushantisme: 1. Yes. 2. Yes. 3. Both is possible. 4. Yes. You can only do so before 30 Mar 2018. Any further questions please post in a new thread.

        This is my opinion not legal advice.

        Comment


        • #5
          L1-H1 then ext H1 after 1 yr

          Is there any reference that states all L1 Stays will be counted as H1 Stay ?

          Comment


          • #6
            http://www.uscis.gov/sites/default/f...1bl1102105.pdf

            Comment


            • #7
              L(5yrs), H(1Yr) combo

              I read below statement in the link. Can I Claim the remaining 5 years on H1 after one year of stay outside?

              "An H-1B alien in a specialty occupation . . . who has spent six years in the United States under section 101(a)(15)(H) and/or (L) of the Act may not seek extension, change status or be readmitted to the United States under section 101(a)(15)(H) or (L) of the Act unless the alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the immediate prior year."

              Comment


              • #8
                Originally posted by dhanapal View Post
                I read below statement in the link. Can I Claim the remaining 5 years on H1 after one year of stay outside?

                "An H-1B alien in a specialty occupation . . . who has spent six years in the United States under section 101(a)(15)(H) and/or (L) of the Act may not seek extension, change status or be readmitted to the United States under section 101(a)(15)(H) or (L) of the Act unless the alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the immediate prior year."
                The flaw in your approach is that assuming every H1 by default is eligible for 6 Years H1. It is not so. The fact that you were on L1 for 5 Years makes you eligible for only 1 Year H1 after those 5 Years not 6 Years, and that 1 Year you have already exhausted.

                As you have stayed outside for one Year you become eligible to apply in Fresh H1 cap. As for your claim to the "remainder" of the 5 Year son previous H1, those 5 Years never existed as you spent those in L1 status.

                This is my opinion not legal advice.

                Comment


                • #9
                  L1 (5), H1(1 yrs), Extn

                  Raghvi, Thanks you for your time.. Is there any reference supporting your point. I understand that there may not be any reference to my challenge.

                  Comment

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