Help L1-H1 conversion

[psusan82]

Hi,

I was working in US on L1B visa from 2010 April to 2015 March. I came back to India during March 2015 after completing almost 5 years on L1B visa. My employer applied L1-H1 conversion for me during April 2015 and I got H1 petition approved from October 2015 to May 2016.

I would like to know:
1. If I stay in India for 1 year to complete cooling period, will my H1 be considered as fresh H1 and do I can stay another 6 years in US in this petition?
2. Do I can extend my H1 petition from India, if so what is the procedure?

Please help

Thanks
Susan

[raghvi]

Hi,

I was working in US on L1B visa from 2010 April to 2015 March. I came back to India during March 2015 after completing almost 5 years on L1B visa. My employer applied L1-H1 conversion for me during April 2015 and I got H1 petition approved from October 2015 to May 2016.

I would like to know:
1. If I stay in India for 1 year to complete cooling period, will my H1 be considered as fresh H1 and do I can stay another 6 years in US in this petition?
2. Do I can extend my H1 petition from India, if so what is the procedure?

Please help

Thanks
Susan

1. No. In order for clock to reset one should apply in fresh cap AFTER spending 1 Year outside US not during.
2. You cannot extend petition, your employer has to do it by filing I129. h1+l1 can at max be for 6 Years, in order ot extend beyond 6 Year ones GC should be in appropriate stage.

This is my opinion not legal advice.