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  • H1B visa extension

    Hello,

    I'm currently on H1B valid till next year 31May, 2017. My query is about validity to continue stay for 6years on H1b.

    1. I’ve stayed on L1B around 4.4 years, L1b visa was valid till 3May, 2013, but as I’ve valid I-94 hence I stayed till validity date.
    2. Employer has filled my L1b extension last year end also started L1 to H1 conversion.
    3. The L1b extension petition has denied hence went back to India on 9th March, 2015. While going back I’ve informed my employer about denial hence they said the now it will be a new H1b, not L1 to H1 conversion.
    4. I got stamped in Jan, 2016 and came back onsite again on 18th Feb, 2016 (prior a year of cooling period, 20days before to complete a year out of USA).

    I enquired my employer immigration department, they have replied.

    1. While my L1B extension was in progress, they have started L1 to H1 petition (by that time petition papers were not filed to USCIS, it was with attorney).
    2. After denial of L1b extension, they said new H1b instead of L1 to H1 conversion.
    3. Now they are saying as I came back earlier (prior to a year) hence H1B visa isn’t valid for complete 6years.

    Request you to please provide your guidance to understand my situation and act accordingly.

    Thanks & Regards,
    Sanjay Srivastava

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