Transfer L1-B to H1-B (Expired H1-B - Used for 2 Years)

[dipak.tilekar]

Hi

I have an expired H1-B. Below are the details :
Issue Date : 13-Oct-2007
Expiration Date : 18-July-2010

I worked on H1-B through Employer A from Dec-2007 to Jan-2010. After that i went back to India.
I was in India for 1 and half year.

After that i came to to USA in June-2011 on L1-B through the same Employer.

Can I apply my new H1-B as CAP exempt through Employer B ?
or Can i transfer my L1-B to H1-B through Employer B?

Thanks
Deep

[raghvi]

Yes you possible can do so. But remember L1 + H1 together combined stay can be only for 6 Years. So upon transfer you will get H1 only for the remaining period. There ware various permutation and combinations that could be available.
Technically, if your L1 extension is approved beyond June 2014 (3 Years from June 2011 onwards) then you would be eligible to stay till June 2016 on L1.

If you apply for L1 to H1 in 2014 you might get H1 till 2015 only ( 6 minus 3 Years on L1 and 2 earlier years on H1) but if USCIS considers H1 issue date, 2014 will already be beyond 6 Years of H1 start date and you may not be eligible for using the previous cap.

Transferring L1 to H1 in 2013 itself, you might be eligible for stay till 2015.

Talk to your employer and their lawyer to determine the best options. Also, if you are planning to use an earlier H1 and the combined stay is approaching 4 years in 2013 it might be the right time to start asking/planning about filing GC.

This is my opinion not legal advice.

[dipak.tilekar]

Transfer L1-B to H1-B (Expired H1-B - Used for 2 Years)

Yes you possible can do so. But remember L1 + H1 together combined stay can be only for 6 Years. So upon transfer you will get H1 only for the remaining period. There ware various permutation and combinations that could be available.
Technically, if your L1 extension is approved beyond June 2014 (3 Years from June 2011 onwards) then you would be eligible to stay till June 2016 on L1.

If you apply for L1 to H1 in 2014 you might get H1 till 2015 only ( 6 minus 3 Years on L1 and 2 earlier years on H1) but if USCIS considers H1 issue date, 2014 will already be beyond 6 Years of H1 start date and you may not be eligible for using the previous cap.

Transferring L1 to H1 in 2013 itself, you might be eligible for stay till 2015.

Talk to your employer and their lawyer to determine the best options. Also, if you are planning to use an earlier H1 and the combined stay is approaching 4 years in 2013 it might be the right time to start asking/planning about filing GC.

This is my opinion not legal advice.

Thanks a lot Raghavi for the response... but i do have some more questions on your reply:

- Why they will consider the 2 earlier years on H1? as i was Out of country for more than 1 & 1/2 year. and thats why i got L1B for 5 years.
- can i do L1-B to H1-B transfer without applying for a new cap exempt H1-B ?