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L2 to H1 Transfer

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  • L2 to H1 Transfer

    Hi,

    I came in to US on L2 dependent Visa on year 2000. I got EAD from INS and started working till today. Recently I got H1 visa effective from Oct' 2005 from my employer and my I 94 valid up to Feb' 2008.

    My concern is whether my L2 stay will also get counted with H1? or I can able to extend and stay till my H1 validity period like 6 years?

    As this is my 6th year in US (including L2 and H1) and I got another oppertunity from another employer and Can I able to transfer my H1?

    Please advice me.

    Thanks in advance for your help.

  • #2
    L and H visa are counted together so you out of total 6 years allowed for H visa, you will have to subtract duration spent on L visa to calculate available period.

    After 6 years, assuming no sponsorship for green card, person has to be out of US for a continuous period of minimum 365 days.

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    • #3
      Thanks Nishant,

      I was told that L1A and H1 are counted together but not L2 as its a dependent Visa. Also I got the H1 till Feb'2008 if we calculate the maximum stay on L1A(my wife's status) is 7 yrs and she is going to complete by Jun' 2007, but my I 94 valid till Feb' 2008.

      So can I able to stay till my I 94 expires or do I need to go out when my wife leaves by Jun 2007?

      Please clarify me.

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