L1 to H1 and L2 to H1 doubts pls clarify

[Santhoshi]

Hi All,


i) My husband is in L1,he came to USA in Sep 2002..went back to India in dec 2002..again he came to USA in sep 2003.
We are planning to apply for H1 in Apr 2006,thro employer B.If his h1 is approved will he be getting it for only 10 months from Oct,2006?(b'coz of 5 yrs L1/H1 duration).After his approval of h1 this year can we apply for H1 renewal next year apr,2007?.

ii) I'm working for a Bank (L2 with EAD)as a teller (my EAd will be cancelled as soon as his H1 is approved).I have completed MCA in India..Can i apply for H1 ?.

Thanx in advance.
Regards
Santhoshi

[veena_swsh]

Hi,
The total period of time spent in the US on L1 will be taken for calculation of the 6 year period. This will not obviously include the period you have spent out of USA. If your husband's H1b is approved, and both your status are changed, then you cannot work on H4 unless you get your own H1B approved.