H1 visa query

[Sathya Dev]

Hi All,

I was on a L1B visa in US from June 2010 to June 2013 . I travelled back to India in June 2013 as my Visa had expired.

Now my company is filing a fresh H1 in in H1b 2015 category.My question is wether I will be treated under the 5/6 year limit as on April 1 ,2014 I will still have completed only 8 months in India.

Or will mt fresh h1 if approved be valid for 6 years as the i year cool off period outside US is calculated based on the Visa stamping date?

[Sathya Dev]

to rephrase my question:

I was in USA for 2.5 years on L1 B and left USA in June 2013 . Since then I am outside USA. It is about 8 months now (as of Feb 2014)

My manager is planning to apply for H1 B Visa for me . What is the criteria of the cool-off period so that this time if I apply I will get the fullest term/duration permit (6 years) on my new H1B Visa? . If the H1 B application is filed with USCIS before one year (which I assume is the cool-off period), will I get the full term/duration permit?

[Nattybone]

to rephrase my question:

I was in USA for 2.5 years on L1 B and left USA in June 2013 . Since then I am outside USA. It is about 8 months now (as of Feb 2014)

My manager is planning to apply for H1 B Visa for me . What is the criteria of the cool-off period so that this time if I apply I will get the fullest term/duration permit (6 years) on my new H1B Visa? . If the H1 B application is filed with USCIS before one year (which I assume is the cool-off period), will I get the full term/duration permit?

Hello, Sathya.

As i am not aware of L1B selection, i am not sure. But, you cannot have both - Cap Exempt and 6 years. You can get one of the two.

I am not aware of L1B criteria. I am sorry, if this does not help much.

Wishing you luck.

Cheers,

[Sathya Dev]

Hello, Sathya.

As i am not aware of L1B selection, i am not sure. But, you cannot have both - Cap Exempt and 6 years. You can get one of the two.

I am not aware of L1B criteria. I am sorry, if this does not help much.

Wishing you luck.

Cheers,

Hi Nattybone,

Thanks for your reply.No- I am not lloking for Cap exempt. I am applying under the H1B 2015 Cap- Applicationsopening on April 1 , 2014 and stamping post Oct 1,2014.

My query was If I apply H1 on April, 2014 will the H1 visa come under the 6 year limit of my previous visa.

[Nattybone]

Hi Nattybone,

Thanks for your reply.No- I am not lloking for Cap exempt. I am applying under the H1B 2015 Cap- Applicationsopening on April 1 , 2014 and stamping post Oct 1,2014.

My query was If I apply H1 on April, 2014 will the H1 visa come under the 6 year limit of my previous visa.

Hello, Sathya.

H1B comes into effect from the October 1 of that particular year. So, that way you would have met the 1 year criteria, as you returned in June 2013 and, if visa is approved, you will go not before October 2014. So, this should get you a fresh 6 year permit.

Personal opinion.

Wishing you luck.

Cheers,

[raghvi]

As far I know your 2.5 Years L1 Stay would be counted towards the 6 Years L1+H1 limitation. As the law says that one should apply for fresh petition after completion of full 1 Year.

If you apply for H1 in June 2014 then it would reset your clock and you would be eligible for 6 Year on that new H1, if approved. But the challenge is that I doubt Cap will remain open till June 2014.

This is my opinion not legal advice

[Nattybone]

As far I know your 2.5 Years L1 Stay would be counted towards the 6 Years L1+H1 limitation. As the law says that one should apply for fresh petition after completion of full 1 Year.

If you apply for H1 in June 2014 then it would reset your clock and you would be eligible for 6 Year on that new H1, if approved. But the challenge is that I doubt Cap will remain open till June 2014.

This is my opinion not legal advice

Hello, Sathya.

I would listen to what my fellow member Raghvi has to say. Her grasp on visa matters is rock solid. Her thoughts are a big help and her clarity his amazing. I would listen to her advice

Wishing you luck.

Cheers,