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L1 - H1 - Tenure Confusion - How much time do I have ?

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  • L1 - H1 - Tenure Confusion - How much time do I have ?

    Some Facts followed by Questions

    (1) Nov, 2007- L1 Stamping
    (2) Apr, 2008 - First Entry in US on L1 VISA - Stayed for 10 months
    (3) Jan, 2009 - Went back to India and worked from there - 2 months outside of US
    (4) Apr, 2009 - Second Entry in US on L1 VISA - Stayed for 7 Months
    (5) Nov, 2009 - Went back to India - 4 months outside of US
    (6) Feb, 2010 - H1 stamping while in India -
    (7) April, 2010 - 3rd Entry in US on H1 VISA (First entry on H1) - Stayed for 19 months
    (8) Nov, 2011 - Went back to India for vacation - 1.5 Months out side of US
    (9) Jan, 2012 - 4th Entry in the US on H1 VISA (Second entry on H1)
    (10) Nov, 2012 - H1 expiry date
    (11) Currently, I am in US and on legal status and VISA.

    I am not sure if my current company had filed transfer of VISA or a fresh H1 Visa.
    Hence, had question on both the cases.

    Case A - Transfer from L1 to H1

    Let's say current company had filed Transfer of VISA i.e. L1 to H1

    Question A.1 - Considering above facts - How many years can I still be on H1 ?
    Question A.2 - How many more extensions am I eligible for - on H1 ?
    Question A.3 - When is it recommended to file Green Card ?



    Case B - Fresh application of H1

    Question B.1 - Is it possible to have fresh application of H1 after, provided I had not finished 365 days outside of US after L1?
    Question B.2 - Considering above facts - How many years can I still be on H1 ?
    Question B.3 - When is it recommended to file Green Card ?


    Your response will be greatly appreciated.
    Last edited by whizsid; 01-22-2012, 09:32 PM. Reason: correction

  • #2
    H1B + L1 in total is for 6 years. Only the time spend in U.S in H1B + L1 will be counted against the 6 year limit. In order to get a fresh 6 year period, you will need to spend 1 year outside U.S and file the H1B under a new CAP (File on or after April 1st with Oct 1st or latest as start date).
    Not a legal advice. Use of this information is strictly at your own risk.

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