Typical H1B Eligibility and Validity Question

[mrsrini671]

Hi,

Here is my Case details, can any one help me out.

1. 1st H1 approved in 1998 - Worked 2.5 years in US in 2002 moved back to India. (Spent nearly 4 years in India) - Employer -1

2. 2nd H1 B approved in 2006 - worked 2 years in US in 2008 moved back to India. (Spent nearly 3 years in India) - Employer -2

3. L1A approved in 2011 - Currently working in US from past 3 years. - Employer - 3


I am facing some issues with my L1A so looking for any options to open my old H1Bs, since none of them I have used for 6 years and for every H1B OR L1 A I have more than one year I was outside US.

As per the above details : Am I Re open my any of the H1 Bs now??

[shervin143]

Total duration one can spend in H1B + L1 is 6 years. H1B Cap is valid for 6 years. If your previous H1B has not reached it 6 year CAP expiration period and if the time spent on L1 + H1B together is still less than 6 years, then you can file a COS from L1 to H1B. But the dis-advantage in doing that is (Meaning, using the CAP from the previous H1B), if you have already spent 2 years in H1B earlier and 3 years in L1, then you have one 1 year left to stay in U.S. After that you will have to spend 1 year outside U.S (Unless GC is filed 356 days prior to the end of the 6 year limit). On the other hand, since you already spent more than 365 days outside U.S before returning back in L1, if you file a new H1B petition that is subjected to a fresh new CAP (Can be filed only next year April with the start date of Oct 1st 2016), you will get more duration (6 years on a new H1B CAP - 3 years already spent in L1 => 3 years on H1B).