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Total continuous years on L1 followed by H1B?

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  • Total continuous years on L1 followed by H1B?

    I'm currently working for an American company in London, and they're looking to send me to the US on the L1. I understand that the total amount of time possible on the L1 (with extensions) is 7 years. I also see that the H1B can last, with extensions, up to 6 years. Is it possible to do these visas back-to-back, without leaving the US for one year, to have a total of 13 continuous years in the US? Or will the time spent on the L1 count toward the time that I could spend on the H1B, so that the maximium time I could spend continuously in the US is 7 years?

    Does anyone know if there is a specific legal provision in the CFR or elsewhere that deals with this?

    Thanks for any assistance.

  • #2
    Originally posted by modus View Post
    I'm currently working for an American company in London, and they're looking to send me to the US on the L1. I understand that the total amount of time possible on the L1 (with extensions) is 7 years. I also see that the H1B can last, with extensions, up to 6 years. Is it possible to do these visas back-to-back, without leaving the US for one year, to have a total of 13 continuous years in the US? Or will the time spent on the L1 count toward the time that I could spend on the H1B, so that the maximium time I could spend continuously in the US is 7 years?

    Does anyone know if there is a specific legal provision in the CFR or elsewhere that deals with this?

    Thanks for any assistance.
    Are they planning to send you on L1A or L1B? L1A is for senior management and excutives performing role at a business level and L1B is for Speciality Occupation for skill sets which are not readily available for the organization in US such as proprietary product knowledge of the company etc. For each of the catoegory adequate proof has to be provided to demonstrate ones speciality knowledge/managerial requirement.

    L1B can be valid for 5 years (3 Years + extendable by another 2 Years) and L1A can be valid for 7 Years (3+2+2).

    L1B + H1 B combined can only be for 6 Years. Once one completes the 5 years on L1B one can apply for H1 to get another extra years.Ther eis no such provision for L1A. After cpmpleting 6 on Years L1b+H1B or 7 Year son L1A In order for one to get a fresh L1B, H1B or L1A one has to stay outside the USA for one full Year.

    13 Years combined on L1 +H1B without 1 Year outside stay is only possible when you start your GC processing. If the company wants you to stay in USA for 13 Years, they can apply for your green card once you get your L1A. L1A are eligible to get GC within a Year under EB1 category .

    USCIS clause pertaining to Stay on L1:
    Pursuant to 8 C.F.R. § 214.2(l)(12)(i) regarding the limitation on period of stay for an L-1 nonimmigrant:
    An alien who has spent five years in the United States in a specialized knowledge capacity or seven years in the United States in a managerial or executive capacity under section 101(a)(15)(L) and/or (H) of the Act may not be readmitted to the United States under section 101(a)(15)(L) or (H) of the Act unless the alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the immediate prior year.


    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      Are they planning to send you on L1A or L1B? L1A is for senior management and excutives performing role at a business level and L1B is for Speciality Occupation for skill sets which are not readily available for the organization in US such as proprietary product knowledge of the company etc. For each of the catoegory adequate proof has to be provided to demonstrate ones speciality knowledge/managerial requirement.

      L1B can be valid for 5 years (3 Years + extendable by another 2 Years) and L1A can be valid for 7 Years (3+2+2).

      L1B + H1 B combined can only be for 6 Years. Once one completes the 5 years on L1B one can apply for H1 to get another extra years.Ther eis no such provision for L1A. After cpmpleting 6 on Years L1b+H1B or 7 Year son L1A In order for one to get a fresh L1B, H1B or L1A one has to stay outside the USA for one full Year.

      13 Years combined on L1 +H1B without 1 Year outside stay is only possible when you start your GC processing. If the company wants you to stay in USA for 13 Years, they can apply for your green card once you get your L1A. L1A are eligible to get GC within a Year under EB1 category .

      USCIS clause pertaining to Stay on L1:
      Pursuant to 8 C.F.R. § 214.2(l)(12)(i) regarding the limitation on period of stay for an L-1 nonimmigrant:
      An alien who has spent five years in the United States in a specialized knowledge capacity or seven years in the United States in a managerial or executive capacity under section 101(a)(15)(L) and/or (H) of the Act may not be readmitted to the United States under section 101(a)(15)(L) or (H) of the Act unless the alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the immediate prior year.


      This is my opinion not legal advice.
      Thank you, this is very helpful. I might be able to pass the test for L1A, but there's a risk I won't. That would be ideal, since I should then be able to get the green card. But I should definitely be able to get the L1B. But why would anyone get the L1B rather than the H1B? Since I'd get an extra year with the H1B, it seems I should prefer it to the L1B, although of course the L1A would be best of all.

      Comment


      • #4
        Originally posted by modus View Post
        Thank you, this is very helpful. I might be able to pass the test for L1A, but there's a risk I won't. That would be ideal, since I should then be able to get the green card. But I should definitely be able to get the L1B. But why would anyone get the L1B rather than the H1B? Since I'd get an extra year with the H1B, it seems I should prefer it to the L1B, although of course the L1A would be best of all.
        L1B/L1A can be filed right away, for a new H1 you would have to wait till April 2013 and the start date on H1B can only be 01-Oct-2013 or later. If you or your company needs to be in US before 01-Oct-2013, they will file an L1B/L1A for you. On L1B you cannot shift employer while being on L1B, you can shift only if you convert to H1. On H1 you can transfer your H1 to any other company, L1 dependents on L2 can work by getting an EAD, H1 dependents on H4 cannot work. There are hordes of differences between the two, read around.

        This is my opinion not legal advice.

        Comment


        • #5
          H1B remainder extension

          I would like to add my thoughts to Pursuant,if you could compare side by side the Pursuant to 8 C.F.R. § 214.2(h)(13)(iii)(A): and Pursuant to 8 C.F.R. § 214.2(l)(12)(i) ,you see minor difference between L1 and H1,ie extension/change of status is missing for L1,as there is no possibility of L1 to be extended if its expired and also it cannot come under the cap quota to state that its cap exempt to regain the remainder. I don't think there is a cap validity of L1 which makes L1B ineligible be extended after its expiry but where as H1B could be extended if its still under that cap,that's my interpretation because of this small difference of words in the purshant for L1B and H1B,so I think H1B could be eligible of remainder of H1B 6 years if its still is under the cap and one year outside condition is met then we should be able to separate the H1B period from L1B.If person stays outside then L1B expires automatically but where as H1B will be valid because of its cap exempt.

          Pursuant to 8 C.F.R. § 214.2(h)(13)(iii)(A):

          An H-1B alien in a specialty occupation . . . who has spent six years in the United States under section 101(a)(15)(H) and/or (L) of the Act may not seek extension, change status or be readmitted to the United States under section 101(a)(15)(H) or (L) of the Act unless the alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the immediate prior year.

          Pursuant to 8 C.F.R. § 214.2(l)(12)(i) regarding the limitation on period of stay for an L-1 non immigrant:

          An alien who has spent five years in the United States in a specialized knowledge capacity or seven years in the United States in a managerial or executive capacity under section 101(a)(15)(L) and/or (H) of the Act may not be readmitted to the United States under section 101(a)(15)(L) or (H) of the Act unless the alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the immediate prior year.


          this is my interpretation and my view ,let me know for any corrections
          Last edited by h1bcap; 03-08-2014, 02:48 PM. Reason: adding more lines

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