H1 Query

[devspace]

Hi

I am currently in L1 visa where my 5 years tenure is getting completed by November 2014. My H1B petition is approved which is effective October 2014 to November 2015. I am planning to go out of USA August 2014 and get my H1B stamped in India for my approved petition. I have below queries seeking expert advice

1) Is it possible for me to use my unused L1 tenure gap between August 2014 to November 2014 when i file my H1 extension in 2015 November, by when my H1 expires?

2) Is it must that i have to remain under same employer to use the unused L1 tenure during my H1B extension?

For both the scenarios above i am planning to reenter USA in November 2014 where my unused L1 tenure would be near to 2 1/2 months.

Appreciate your help.

[raghvi]

Hi

I am currently in L1 visa where my 5 years tenure is getting completed by November 2014. My H1B petition is approved which is effective October 2014 to November 2015. I am planning to go out of USA August 2014 and get my H1B stamped in India for my approved petition. I have below queries seeking expert advice

1) Is it possible for me to use my unused L1 tenure gap between August 2014 to November 2014 when i file my H1 extension in 2015 November, by when my H1 expires?

2) Is it must that i have to remain under same employer to use the unused L1 tenure during my H1B extension?

For both the scenarios above i am planning to reenter USA in November 2014 where my unused L1 tenure would be near to 2 1/2 months.

Appreciate your help.

1. Yes, one can potentially file for recapture. You may be able to extend H1 for that duration. So if you have 2-2.5 Months remaining in total 6 Year of L1+H1, then 2-2.5 Months additional.
2. No.

I would suggest you ask your employer to apply for PERM ASAP so that you can extend H1 beyond Nov 2015 without having to worry about recapture of time remaining on L1.

This is my opinion not legal advice.

[devspace]

1. Yes, one can potentially file for recapture. You may be able to extend H1 for that duration. So if you have 2-2.5 Months remaining in total 6 Year of L1+H1, then 2-2.5 Months additional.
2. No.

I would suggest you ask your employer to apply for PERM ASAP so that you can extend H1 beyond Nov 2015 without having to worry about recapture of time remaining on L1.

This is my opinion not legal advice.

Thanks Raghvi for the quick response as always. I have my PERM filed on May 2014 and currently is in progress. Couple of question on that note as you brought PERM in to discussion

1) How long does PERM processing typically take ?

2) If i receive Audit in my PERM, is it must that i have to be in USA when my employer handles it ? I will be out of country between August 2014 to November 2014 so wondering what would be the impact.

3) IF my PERM gets approved when i am out of country between August 2014 to November 2014, how long can i wait before i apply for I-140 ? And do i have to be in USA during my I-140 processing ? If not, can my employer go ahead and file I-140 ?

Appreciate your help again.