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L1B-L2-H1b-H4 and now want to go back to H1B

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  • L1B-L2-H1b-H4 and now want to go back to H1B

    Hi i am currently on H4 since Mar 2013 based my husbands h1b. Both of our status are valid till 2016 August. We both came to USA together on my Husbands L1B in Aug 2010 & i started working in L2 EAD from Dec 2010 till OCT 2012. Then i moved to H1B till Feb 2013. But i have worked in USA before my wedding on L1B from July 2009 - May 2010. All my status were maintained properly. My quesions are,
    * Does all the status count towards the 6 year clock?
    * If i want to go back to H1B am i cap excempt?
    * If i find an employer, can they apply COS from H4 to H1B?
    * Also the new H1B if i get will it be active till Aug 2016?
    *My husband company is starting GC now, So how does this affect my status?

    Too many status changes and i am confused a lot. Please help.

  • #2
    Originally posted by somstein View Post
    Hi i am currently on H4 since Mar 2013 based my husbands h1b. Both of our status are valid till 2016 August. We both came to USA together on my Husbands L1B in Aug 2010 & i started working in L2 EAD from Dec 2010 till OCT 2012. Then i moved to H1B till Feb 2013. But i have worked in USA before my wedding on L1B from July 2009 - May 2010. All my status were maintained properly. My quesions are,
    * Does all the status count towards the 6 year clock?
    * If i want to go back to H1B am i cap excempt?
    * If i find an employer, can they apply COS from H4 to H1B?
    * Also the new H1B if i get will it be active till Aug 2016?
    *My husband company is starting GC now, So how does this affect my status?

    Too many status changes and i am confused a lot. Please help.
    1.Only stay in L1 and H1 are counted towards the 6 Year clock. Stays in dependent visas H4 and L2 are not counted towards this limit.
    2. You would be cap exempt as long as you have not spent 6 Year in L1+H1 Status.
    3. For that one would have to calculate and see the time already spent in L1+H1.

    GC in EB1/EB2/EB3? Whats the country of birth?

    This is my opinion not legal advice.

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