Change of Status - Quota or Non-Quota

[vijayahr]

Hello,

Greetings!

A person holds H1 for some time (less than 6 years) and now he/she is on other status (F1 or H4 or F2 or B1 or L1 or L2). Now he/she wants to go back to H1, is the petition to be filed under Quota or will it be Non-Quota. Will it make any difference if he stays in US or outside US Or the person has to be in US inorder to file the petition. Please guide me.

Thanks and Regards

Vijaya

[kabkaba]

The total time spent in the US in H1 or L1 status counts towards the 6 year limit. If any time is remaining from the 6 years, an employer can file cap-exempt petition at any time. However, the total time cannot exceed 6 years. So only the remainder of the time can be used this way. It does not matter where the person is located and in what status.

In order to qualify for fresh 6 years, one must spend 1 year outside the US and petition must be filed under cap.

[vijayahr]

Hello Sir,

Thank you.

The same person after consuming 6 years of H1B time changed his status to H4 and stayed in US for some time and came to India for sometime (less than 1 year). In total he is on H4 for 1 year. Now, is he eligible for fresh 6 years quota?

Thank you and you have a great day.

Vijaya

[vijayahr]

Hello Sir,

In continution of my previous question, i have the below listed too.

Just like an H1, should an L1 too after consuming 6 years of time be out of US for 1 year in order to get new six years time?

Thank you very mcuh in advance and you have a great day.

Vijaya

[kabkaba]

Time spent in any other status in the US cannot be used. One has to spend 1 year outside the US.
In case of L1B, the limit is 5 years and L1A has 7 years.

[vijayahr]

Hello Sir,

Greetings!

In continution of the previous thread,

If the employee was on H1 for 6 years and got his Labor filed (365 days prior to his H expiry date) and then stayed in India for less than 1 year. Can he come to US on F1? and if the employer do not wishes to revoke his labor (is his labor valid after change of status from H1 to F1?), can we change his status from F1 to H1 under Non-Quota? Incase he is allowed to stay on F1 status, as he already worked for 6 years on H1, will he be having an option to work on CPT or OPT status?

And one more question - the above scenario remains same, but the only change is - the candidate wish to come to US on F2 instead of F1. Will the labor be still valid and can we change the status from F2 to H1 under Non-Quota?

Thank you very much in advance,
Vijaya

[vijayahr]

Hello Sir,

Greetings!

Can you please get back to me on the below queries.

Thank you very much in advance
Vijaya