H1 - Full Quota of 6 yrs after one yr staying in India

[dilipkumartr]

Hello,

My current L1 expires end of this month. I will be completing 5 yrs on my L1 and I will be going back to India.

My company has applied for a H1 and its in initial review with USCIS. Since I have already been in US for 5 yrs, the H1 will give me an additional 1yr.

Assuming that I have my H1 approved and Visa stamped, with a start date of 1-Oct.

If I decide not to travel to US, until end of Aug-13, (ie) giving a gap of 1yrs; Will I be eligble to recieve the full quota of 6yrs on H1 ?

[dilipkumartr]

Request for response

I would really appreciate if someone could comment on my question.

Let me know if more information is required to answer my question.

[parc434]

Assuming your H1 gets approved and valid from Oct 12 to Oct 13, you can still travel to US in Aug 13, but you need to renew/reapply for petition before Oct 2013. Note, the clock will reset when you apply for extension since you have gap of 1 yr, you will eligible for 5 years again.

Hello,

My current L1 expires end of this month. I will be completing 5 yrs on my L1 and I will be going back to India.

My company has applied for a H1 and its in initial review with USCIS. Since I have already been in US for 5 yrs, the H1 will give me an additional 1yr.

Assuming that I have my H1 approved and Visa stamped, with a start date of 1-Oct.

If I decide not to travel to US, until end of Aug-13, (ie) giving a gap of 1yrs; Will I be eligble to recieve the full quota of 6yrs on H1 ?

[dilipkumartr]

H1 - Full Quota of 6 yrs after one yr staying in India

Thanks to parc434 for the reply.

"Assuming your H1 gets approved and valid from Oct 12 to Oct 13, you can still travel to US in Aug 13, but you need to renew/reapply for petition before Oct 2013. Note, the clock will reset when you apply for extension since you have gap of 1 yr, you will eligible for 5 years again."


I have few followup question to the above response,
1.What do you mean by renew/reapply for petition before 2013 ?
2.Are you suggesting that I apply for a fresh petition or apply for extension on the existing one ?
3.If I should apply for fresh petition, will it be part of the 2013 quota for H1B, which would mean that it is subject to availability at that point.
4.If I do apply for a fresh petition, can I stay and work in US, when it is being processed.
5.If I should apply for extension on the existing one, I was told that it can not be extended beyond 1 yr, since it was granted for a one period only.

I appreciate all the responses to my queries.

[raghvi]

Thanks to parc434 for the reply.

"Assuming your H1 gets approved and valid from Oct 12 to Oct 13, you can still travel to US in Aug 13, but you need to renew/reapply for petition before Oct 2013. Note, the clock will reset when you apply for extension since you have gap of 1 yr, you will eligible for 5 years again."


I have few followup question to the above response,
1.What do you mean by renew/reapply for petition before 2013 ?
2.Are you suggesting that I apply for a fresh petition or apply for extension on the existing one ?
3.If I should apply for fresh petition, will it be part of the 2013 quota for H1B, which would mean that it is subject to availability at that point.
4.If I do apply for a fresh petition, can I stay and work in US, when it is being processed.
5.If I should apply for extension on the existing one, I was told that it can not be extended beyond 1 yr, since it was granted for a one period only.

I appreciate all the responses to my queries.

I dont think it works that way. IMO Getting a fresh 6 Years on H1 or 5 Year son L1 has to follow the below order (if no GC filing done):
1. Leave US after completion of 6 Years on H1/5 Years of L1.
2. Stay outside US for 1 Full Year.
3. After outside stay apply for fresh H1 under cap at that moment. OR apply fresh L1
4. Attend Visa interview for H1/L1.
5. If approved travel on H1/L1.

One should not do step 3 before step 2 completion. If you apply for H1 before completion of 1 Year outside stay you will not be eligible for fresh 6Years H1.

This is my opinion not legal advice.