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  • L1B to F1 to H1B

    Hello All,

    Firstly sorry if this question is asked before(i could not get a convincing thread that answers my query.)

    Here is my query:


    Im Currently in US on a L1B-Visa Start Date 01-08-2015. I have recently received a MBA College Admit and i have decided to join the College by Converting to F1

    After 2 years(i.e. After i complete my MBA and apply For H1 my Prior Visa Entries will Following.

    Visa Type Start Date End Date
    L1-B 01-08-2015 01-08-2016
    F1 02-08-2016 01-08-2018



    I have two options to Convert to F1.


    Option 1)Convert my Visa to F1 by applying for COS(while staying in US).
    Option 2)Resign the company and go back to my Country and apply for a F1 Visa


    My question are :
    1) Will my prior L1 duration be deducted when i apply for H1-B if i Opt Option1
    2) Will my prior L1 duration be deducted when i apply for H1-B if i Opt Option2
    3) What will be the tenure that is deducted if i Opt Option1 ::: is it [01/08/2016 -01/08/2015] or [01/08/2018 - 01/08/2016]
    4) What will be the tenure that is deducted if i Opt Option2 ::: is it [01/08/2016 -01/08/2015] or [01/08/2018 - 01/08/2016]


    Thanks for the help

  • #2
    It doesn't matter which option you decide to choose (Although getting the F1 visa stamping and returning back is the fastest way to get to F1 as there is no premium processing for F1 petitions), when you apply for H1B, the time that you have spent on L1 status in U.S will include in that 6 year period. If you want to get a fresh 6 year period in H1B, then you should stay out of U.S for 1 whole year and then apply H1B under a brand new CAP.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      It doesn't matter which option you decide to choose (Although getting the F1 visa stamping and returning back is the fastest way to get to F1 as there is no premium processing for F1 petitions), when you apply for H1B, the time that you have spent on L1 status in U.S will include in that 6 year period. If you want to get a fresh 6 year period in H1B, then you should stay out of U.S for 1 whole year and then apply H1B under a brand new CAP.

      Thanks for clarifying my query

      Comment

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