How much time I can recapture

[gopinathanb]

Hi,

These are the days I worked in USA.

L1-B (07/09/2005 to 01/22/2006) 197 days - Entered USA through Company A and went back to India
H1-B (12/23/2006 to 07/01/2007) 190 days - A New H1 B applied and not L1 to H1 Conversion
H1-B (03/19/2008 to 11/30/2008) 256 days
H1-B (09/07/2009 to 07/07/2012) 1034 days - Changed employer in 2010 and extended
and now planned
H1-B (8/1/2013 - 05/30/2014) - H1 Extn not subject to cap approved


Currently, I got H1 extention stamped till mid of 2014 and am trying to see how much time I have to re-capture after my visa expires by may 2014.
Please let me know..

Thanks,
Gopi

[raghvi]

Prima Facie since you never had an entire 1 Year outside stay of US in between your trips I would say that you probably can recapture about 5-6 Months time. Even with that you should initiate your GC much before 2013 end in order to get extension beyond 2014 end.

Better to take all the travel details and documents to an attorney to get it verified.

This is my opinion not legal advice.

[gopinathanb]

So does my 6 year cap start from my first H1 B visit (2006) or from first L1 visit (2005)?

Prima Facie since you never had an entire 1 Year outside stay of US in between your trips I would say that you probably can recapture about 5-6 Months time. Even with that you should initiate your GC much before 2013 end in order to get extension beyond 2014 end.

Better to take all the travel details and documents to an attorney to get it verified.

This is my opinion not legal advice.

[kabkaba]

L1

[gopinathanb]

Thanks Everyone.

Next questions:
There will be a one year gap from 2012 July till 2013 Aug before I start to USA.
Will this gap help in next extension with anything?
Is there a possiblity of transferring to L1 when my cap expires and if I am not able to apply GC on time?

L1

[raghvi]

Thanks Everyone.

Next questions:
There will be a one year gap from 2012 July till 2013 Aug before I start to USA.
Will this gap help in next extension with anything?
Is there a possiblity of transferring to L1 when my cap expires and if I am not able to apply GC on time?

Since you used earlier H1 petition and got H1 extension without being subjected to Cap the 1 year gap would not reset anything. In order to be eligible for fresh 6 Years H1 one has to stay outside US for one full year and then file H1 in new cap rather than using the old one.

As for moving back to L1 since you are no longer with the L1 employer in that last 3 Years where is the question of going back to L1? L1 is tied to the employer and you can work only for the employer who filed L1 for you, L1s are not "transferable" like H1s.

This is my opinion not legal advice.

[gopinathanb]

Hi kabkaba,

My current employer is saying that my cap period starts from my 2006 visit in H1 as that was a new fresh H1 visa and not a conversion from my L1 to H1 visa. Is this correct?

Posting the travel details again.
L1-B (07/09/2005 to 01/22/2006) 197 days - Entered USA through Company A and went back to India
H1-B (12/23/2006 to 07/01/2007) 190 days - A New H1 B applied and not L1 to H1 Conversion
H1-B (03/19/2008 to 11/30/2008) 256 days
H1-B (09/07/2009 to 07/07/2012) 1034 days - Changed employer in 2010 and extended
and now planned
H1-B (8/1/2013 - 05/30/2014) - H1 Extn not subject to cap approved

L1

[gopinathanb]

Thank you..
Sorry, I wasn't clear.
I was talking about the possiblity of my employer applying for a new L1 at the end of H1 cap period if GC couldn't be filed well before. So a 1 year gap at offshore, will this help?

Since you used earlier H1 petition and got H1 extension without being subjected to Cap the 1 year gap would not reset anything. In order to be eligible for fresh 6 Years H1 one has to stay outside US for one full year and then file H1 in new cap rather than using the old one.

As for moving back to L1 since you are no longer with the L1 employer in that last 3 Years where is the question of going back to L1? L1 is tied to the employer and you can work only for the employer who filed L1 for you, L1s are not "transferable" like H1s.

This is my opinion not legal advice.