L1a + h1

[lovem]

Hi,

I entered US on L1-A through company A in May2010 went back to India in Apr2011 so a stay of 11 months in US, Stayed in India for 6 months till Oct 2011 and then entered again through Company B on H1B in Oct 2011. I got the H1 initially for 3 years , I was expecting that I can apply for an extension again for 3 years? But was told that my stay on L1 would count against my 6 years of H1.

So i guess As I got the H1 in Oct2011, I can stay on H1 till Oct2017 (less 11 months) so it will come to December2016? or would my stay in india for 6 months would also be counted against my H1?I applied for the extension but got an ext only till May2016, so it appears that my 6 months stay in India is also counted towards my h1? please confirm?

Till when am I OK to stay without applying for a GC? I mean my current company is not filing my GC and I would need to change jobs in time to make sure my GC process starts in right time so I dont have to go back?

Any help appreciated..

regards

[raghvi]

Hi,

I entered US on L1-A through company A in May2010 went back to India in Apr2011 so a stay of 11 months in US, Stayed in India for 6 months till Oct 2011 and then entered again through Company B on H1B in Oct 2011. I got the H1 initially for 3 years , I was expecting that I can apply for an extension again for 3 years? But was told that my stay on L1 would count against my 6 years of H1.

So i guess As I got the H1 in Oct2011, I can stay on H1 till Oct2017 (less 11 months) so it will come to December2016? or would my stay in india for 6 months would also be counted against my H1?I applied for the extension but got an ext only till May2016, so it appears that my 6 months stay in India is also counted towards my h1? please confirm?

Till when am I OK to stay without applying for a GC? I mean my current company is not filing my GC and I would need to change jobs in time to make sure my GC process starts in right time so I dont have to go back?

Any help appreciated..

regards

L1+H1 can at max be for 6 Years. Only physical stay in US is counted while calculating the 6 Year period. So roughly speaking time spent by you in US is 11 Months (L1A stay) + 3 Years (H1 stay from Oct 2011 till date, assuming you didn't spend any time outside US since Oct 2011). So a total of around 4 Years. This leads to a potential extension of 2 More years till Oct- Nov 2016 provided you can provide evidences of your entry and exit records to reclaim these 2 Odd years.

As for stay beyond Oct-Nov 2016, you need to at least get GC filed before your 5th Year completion, that is, by Oct -Nov 2015 OR get I140 approved by Oct-Nov 2016. Both are technically possible if you start soon enough looking for another employer. Certain employers await for 1 Year before filing for GC so if you plan to join such an employer you have very limited time.

This is my opinion not legal advice.

[lovem]

L1+H1 can at max be for 6 Years. Only physical stay in US is counted while calculating the 6 Year period. So roughly speaking time spent by you in US is 11 Months (L1A stay) + 3 Years (H1 stay from Oct 2011 till date, assuming you didn't spend any time outside US since Oct 2011). So a total of around 4 Years. This leads to a potential extension of 2 More years till Oct- Nov 2016 provided you can provide evidences of your entry and exit records to reclaim these 2 Odd years.

As for stay beyond Oct-Nov 2016, you need to at least get GC filed before your 5th Year completion, that is, by Oct -Nov 2015 OR get I140 approved by Oct-Nov 2016. Both are technically possible if you start soon enough looking for another employer. Certain employers await for 1 Year before filing for GC so if you plan to join such an employer you have very limited time.

This is my opinion not legal advice.

Thanks a lot Raghvi, Such a lucid response. I have a question though , you mentioned "provide evidence of your entry and exit records" what does that mean? I guess the stamps on my passport suffice? And do I need to specifically mention or write a separate application while applying for ext? Because we applied this time and got only till May16 while it should have been Oct - Nov 2016?
Also how long does it roughly take to get I140 approved? By your response I guess it is 12 months?

[raghvi]

They don't give by default. You have to specifically request for recapture and provide entry/exit records as per passport and I-94 copies etc.

I140 approval can take 6-12 Months, if PERM is not audited, if audited longer.

This is my opinion not legal advice.

[lovem]

They don't give by default. You have to specifically request for recapture and provide entry/exit records as per passport and I-94 copies etc.

I140 approval can take 6-12 Months, if PERM is not audited, if audited longer.

This is my opinion not legal advice.

Thanks a lot for the clarifications.

regards