L1 to H1 - With prior H1

[sansiva]

Hi,

I got my first L1 (individual) visa in 26-mar-2007 and came to US on 8-Nov-2007. In 2011, my employer converted my L1 to H1. The H1 was valid from 13-Oct-2011 to 12-Oct-2012. I went back to India on March 2012. I was in India for 1.5 years and in August 2013, I got a new L1 (Blanket) visa valid upto August 2016. In all these periods, I am with the same employer.

Now I want to convert my L1 into H1. My questions are

1. What would be the best option to convert to H1 and move immediately ?. I dont want to wait until October 2014.
2. Can I use my previous H1 and reactivate it now ?
3. Can I convert my L1 into H1 through premium process ? If so, will the H1 be effective immediately or only after Oct 1st 2014 ?

[raghvi]

Hi,

I got my first L1 (individual) visa in 26-mar-2007 and came to US on 8-Nov-2007. In 2011, my employer converted my L1 to H1. The H1 was valid from 13-Oct-2011 to 12-Oct-2012. I went back to India on March 2012. I was in India for 1.5 years and in August 2013, I got a new L1 (Blanket) visa valid upto August 2016. In all these periods, I am with the same employer.

Now I want to convert my L1 into H1. My questions are

1. What would be the best option to convert to H1 and move immediately ?. I dont want to wait until October 2014.
2. Can I use my previous H1 and reactivate it now ?
3. Can I convert my L1 into H1 through premium process ? If so, will the H1 be effective immediately or only after Oct 1st 2014 ?

Are you in the US since Aug 2013 on L1?

L1+H1 can at max be for 6 Years so considering that you already spent 4 Years 6 Months on your previous L1+H1 (2007-2012) combination, in case you re use the earlier H1 you would be allowed only 1.5 Years H1. As you spent more than 1 Year outside US, you are eligible for applying fresh L1 or H1.
But the situation could potentially become complicated if you decide to re use the earlier H1, as then I believe all your stays will get added, that is 4.6 Years (previous L1+H1) and 6 Months Aug 2013 - Till date current L1 and you might be eligible only for 1 Year of H1.

If you decide to apply in 2014 cap in April 2014 and await till Oct 2014 then yes you would most likely be eligible for fresh 3 Years H1.

1. If you dont want to wait till Oct 2014 then using the previous H1 is the only option. But as I said I dont think you will get full 3 Years on it.
2. Yes possible.
3. Yes. If you use previous one it can be with an immediate start date. If you file a new one in April then it will start on or after 01-Oct-2014.

I would suggest you take all the paperwork and discuss this with an immigration attorney to determine the options.

This is my opinion not legal advice.

[sansiva]

Thanks for the reply. That really helps me.
Am in US since September 2013.
I will check with the attorneys.