About the H1B eligible period

[murtyanvr]

Hi,

I have applied H1B through my company and currently it is in the initial review.

I went to US on L1 on May 28th 2007 and following are the periods of stay

Date of Entry Date of Exit
28 May 2007 03 Aug 2008
02 Sep 2008 25 Mar 2010

My L1 was expiring on 16th March 2012 and if i applied i could have get extension until Sep 20th 2012 as per the eligibility and duration i was not in US. However i did not apply and returned back to india on 1st March 2012 and i am in India since then.

I have question about for how many years i will get the H1B. And do i need to take a break in between again? and when i need to travel or go for visa stamping for H1B to be able to be able to stay in US continuously and avoid traveling back to India for one year.

Please help. Thank you.

[murtyanvr]

hi

Can anyone please advise. Thank you.

Hi,

I have applied H1B through my company and currently it is in the initial review.

I went to US on L1 on May 28th 2007 and following are the periods of stay

Date of Entry Date of Exit
28 May 2007 03 Aug 2008
02 Sep 2008 25 Mar 2010

My L1 was expiring on 16th March 2012 and if i applied i could have get extension until Sep 20th 2012 as per the eligibility and duration i was not in US. However i did not apply and returned back to india on 1st March 2012 and i am in India since then.

I have question about for how many years i will get the H1B. And do i need to take a break in between again? and when i need to travel or go for visa stamping for H1B to be able to be able to stay in US continuously and avoid traveling back to India for one year.

Please help. Thank you.

[kabkaba]

Since you have not spent 1 complete year outside the US before the H1 petition filing, you will be eligible for a total of 6 years minus all L1 stays in the US. Your company lawyer should make this calculation and file the petition accordingly.

[murtyanvr]

Hi

Hi,

Thanks for the reply. I am in India since March 1st, 2012. Now if i stay in India until March 1st, 2013 and then go for H1B stamping, will i get to stay for 3 years in US on H1B without having to comeback after 1.5 years (6 years - L1 stays)? or is there any other way? Please advise. Thank you.

Since you have not spent 1 complete year outside the US before the H1 petition filing, you will be eligible for a total of 6 years minus all L1 stays in the US. Your company lawyer should make this calculation and file the petition accordingly.

[hireitpeople]

Yes, if you spend 1 year out of the country your L or H 6 years limit will be reset, so you can apply for a fresh H1B under quota during April 2013. The other way is to come back on H1B, apply for a Green card (PERM + I-140) and get H1B extensions in the multiples of 3 years until your get Green Card. This will avoid waiting for the Quota. And it may be tough to find an employer to file an H1B in April 2013 which has a validity from October 2013

[murtyanvr]

thank you.

Thank you for the information

Yes, if you spend 1 year out of the country your L or H 6 years limit will be reset, so you can apply for a fresh H1B under quota during April 2013. The other way is to come back on H1B, apply for a Green card (PERM + I-140) and get H1B extensions in the multiples of 3 years until your get Green Card. This will avoid waiting for the Quota. And it may be tough to find an employer to file an H1B in April 2013 which has a validity from October 2013

[kabkaba]

If you spend 1 year outside, a new petition can be filed. But it will have to be cap-subject petition. It can only be filed on or after Apr 1, 2013 for a start date on or after Oct 1, 2013. You will get fresh 6 years that way.