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L1 (max out) to H4 to H1B - Do I need to go out of US for 1 year ?

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  • L1 (max out) to H4 to H1B - Do I need to go out of US for 1 year ?

    Hi,

    I am in a difficult spot trying to apply for H1 and need few questions answered.

    My visa status and US entry exit are as below.
    H4 - 3/16/2016 till date
    L1A - from 04/20/2010 to 2/22/2016

    Q1. I am planning to apply for H1B this year (April 2017) and need to know if I am eligible to apply, based on the above US stay and prior / current visa status?

    Q2. Do I have to go to out of USA for at least 1 year and then come back, since I have almost spent 5 years 7 months on L1 work permit.

    Q3. Will 1 year on H4, living within US count as the 1 year gap required (supposed to be out of country) to apply for a fresh H1B this year.

    Q4. If I can apply for H1, Will that make any difference in applying as COS vs Consulate processing.
    Last edited by vasudevadv; 02-17-2017, 12:33 AM. Reason: spell mistake

  • #2
    Originally posted by vasudevadv View Post
    Hi,

    I am in a difficult spot trying to apply for H1 and need few questions answered.

    My visa status and US entry exit are as below.
    H4 - 3/16/2016 till date
    L1A - from 04/20/2010 to 2/22/2016

    Q1. I am planning to apply for H1B this year (April 2017) and need to know if I am eligible to apply, based on the above US stay and prior / current visa status?

    Q2. Do I have to go to out of USA for at least 1 year and then come back, since I have almost spent 5 years 7 months on L1 work permit.

    Q3. Will 1 year on H4, living within US count as the 1 year gap required (supposed to be out of country) to apply for a fresh H1B this year.

    Q4. If I can apply for H1, Will that make any difference in applying as COS vs Consulate processing.

    A1. You may be eligible, but I would not bet on you getting it for more than a few months as H1+L1 can at max be for 6 Years.
    A2. Yes, if you want fresh 6 Years of eligibility.
    A3. No. Time should be spent outside US.

    Has your GC been initiated?

    This is my opinion not legal advice.

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