Completing 1 yr out of USA, post 6 yrs on H1, can I go on H4 then L1-A/B & on H1?

[jaimatadi]

Hi,

I was in USA on H1-B visa. I have completed 6 years in USA on same H1-B. I am currently in Canada.

I will be completing 1 year out of USA shortly. I have H4 stamped.

My employer is planning to process L1-A or L1-B for me.

In that case, as soon as I complete 1 year out of USA, while L1-A or L1-B is in process, can I visit USA on H4? Will there be any issue on my L1-A or B if I visit USA on H4?

Next year if my employer plans to file a H1-B for me, would that be an issue with H1-B considering above history?

Thank you.

[raghvi]

Hi,

I was in USA on H1-B visa. I have completed 6 years in USA on same H1-B. I am currently in Canada.

I will be completing 1 year out of USA shortly. I have H4 stamped.

My employer is planning to process L1-A or L1-B for me.

In that case, as soon as I complete 1 year out of USA, while L1-A or L1-B is in process, can I visit USA on H4? Will there be any issue on my L1-A or B if I visit USA on H4?

Next year if my employer plans to file a H1-B for me, would that be an issue with H1-B considering above history?

Thank you.

I dont see any issues for L1A/L1B as long as you can prove that you were indeed working for the employer's subsidiary and out of US for an entire year.

Do remember one thing, you cant work on H4 while in US .

This is my opinion not legal advice.

[jaimatadi]

Completing 1 yr out of USA, post 6 yrs on H1, can I go on H4 then L1-A/B & on H1?

Thanks. I don't have any intention to work on H4.

[jaimatadi]

Completing 1 yr out of USA, post 6 yrs on H1, can I go on H4 then L1-A/B & on H1?

1 more question. I hope it should be ok, to visit USA right one the next day after completing 1 year, as long as valid visa is stamped on passport. Considering needs of future visa processing like H1 in 2014, is there any recommendation to keep any kind of gap between USA landing date after completing 1 year (after 6 years on prior H1 were utilized)?

[jaimatadi]

Completing 1 yr out of USA, post 6 yrs on H1, can I go on H4 then L1-A/B & on H1?

Did anyone get a chance to look at this? Any response?

[raghvi]

Technically yes. But When you have waited 1 Year another 1 Week extra shouldnt be that big a deal just to be on the safe side.

This is my opinion not legal advice.