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H1B remainder

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  • H1B remainder

    Dear Sir,

    I have seens lot of queries and memo for remainder option. I know that I am eligible for remainder option. I would like to know, how much period I will get in my case.

    H1B Status

    2006 Feb - 2008 Apr - 2 yrs 2 Months

    L1B Status

    2008 Apr - 2009 Jan - 10 Months

    I was out of US from 2009 Feb - 2010 OCT

    2010 Nov - till date - L1B - 3 months

    If I apply for H1B using remainder option for my expired H1B, how many years I will get it?

    Laws get changed. I am update to date on remander option till 2009 Jan. Not sure about the recent updates. I should get 3 yrs? correct?

    Appreciate your help.

  • #2
    yes. Still out of h1b's 6yrs, you have used only 2.2 yrs. So, if you will file a new h1b, then based on your project duration, they can grant you with the 3yrs visa.
    But sometimes, if you are going to work for third party and project duration is for e.g. only for 6months, then in that case, they can grant only that much of visa also, then later you can extend it.

    [Note:- I am sharing my views, contact your attorney for the best advice]


    • #3
      Since you are out of U.S for 1 whole year, if you apply a fresh H1B instead of using the old CAP, you can get a fresh 6 years term minus the time spend in L1 starting Nov 2010 as l1 + h1B in total is for 6 years.
      Not a legal advice. Use of this information is strictly at your own risk.


      • #4

        Thanks for your quick reply's.

        I want to stay here for another 2 yrs. So I am planning to use remainder option.

        I am with the same company during my H1, L1 and current L1 status.

        some of the employer doesn't know remainder option. Some times they don't allow us to use it. let me check whether my employer will apply for H1 using remainder option or not.

        Thanks a lot.
        Last edited by H1New; 01-28-2011, 04:06 PM.


        • #5
          Remainder Option

          My case is also similar. I was on H1B and then L1B. Stayed outside US for more than year. Now I am on L1B. If I use remainder option, I will get 4 years.

          Can I do conversion from L1B to H1B without leaving US using remainder option?
          I heard that for L1B to H1B conversion, we may have to leave the country as per new rule on May 13 2011. Not sure whether it is correct or does the rule applicable to remainder option?

          Please advise.