how to use maximum h1b

[IndianMdu]

Dear members,

My current H1B expires on Nov 30, 2013. My employer has applied for extension and its pending with uscis. LCA shows the employment date requested is for dec 2013 to sep 2015 since my physical stay in US will be 6 years by sep 2015
(L1 is 2 years +h1 is 4 years). So at end of 6th year, I will still have 2 years unused in h1b since i used only 4 yrs in h1b . My question are below, basically how to make use of 2 unused years in h1b out of 6 yearsh1bpetition. Please advise.

1. With Nov 2013, i would have used only 2 year and 8 months physical h1b stay in US. since i stayed in l1 for sometime, my 6 yr limit ends in sep 2015. if i go out of US on Nov 2013 and stay for 1 year and come back , Can i apply for h1b extension and get for full 3 years ?

2.Suppose, If leave US on Nov 2013 and come back on dec 2014 (assuming my pending extension petition gets approved ) and can I apply for another extension on Sep 2015? On applying, can i get 2 yr extension till dec 2017 including recap?

3. Any other best possible thing can be done to make use of unused h1b

Thanks much!

[raghvi]

Dear members,

My current H1B expires on Nov 30, 2013. My employer has applied for extension and its pending with uscis. LCA shows the employment date requested is for dec 2013 to sep 2015 since my physical stay in US will be 6 years by sep 2015
(L1 is 2 years +h1 is 4 years). So at end of 6th year, I will still have 2 years unused in h1b since i used only 4 yrs in h1b . My question are below, basically how to make use of 2 unused years in h1b out of 6 yearsh1bpetition. Please advise.

1. With Nov 2013, i would have used only 2 year and 8 months physical h1b stay in US. since i stayed in l1 for sometime, my 6 yr limit ends in sep 2015. if i go out of US on Nov 2013 and stay for 1 year and come back , Can i apply for h1b extension and get for full 3 years ?

2.Suppose, If leave US on Nov 2013 and come back on dec 2014 (assuming my pending extension petition gets approved ) and can I apply for another extension on Sep 2015? On applying, can i get 2 yr extension till dec 2017 including recap?

3. Any other best possible thing can be done to make use of unused h1b

Thanks much!

In your case there is nothing like the remaining 2 Years of H1, as you already spent 2 Years on L1, you effectively lost those 2 Years on the 6 Years H1. In order to get fresh 6 Years H1, post Sep 2015, you will have to stay out of US for one full year.

The only way to avoid that would be to get your GC filing started as soon as possible. In order to get H1 extended beyond Sep 2015 your GC Labor has to be filed by Sep 2014, or the I140 has to be approved by Sep 2015.

Talk to your employer about this.

This is my opinion not legal advice.

[IndianMdu]

Thanks Raghvi for your response.