H1B and L1B for 6 years

[h1bcap]

H1B selected through cap is not always has to be 6 year eligible H1B .If I stayed in L1B earlier,new cap selected H1B eligible only for remainder period of 6 year even thou its selected through lottery and cap .Is this correct,I don't see any value for this H1B even after going through cap and lottery, if H1B is valid only remainder 6 years because of prior L1B,L1B is easy to gte and its a different category and GC process is easy where as H1B is tough and GC process is also tough .I am wondering to know if there is any option or conditions to separate L1B period from H1B.I understand the period of admission and 1 year outside but H1B subjected to cap should be eligible for 6 year H1B if some conditions are met ie after one year outside .Any inputs or thoughts are welcome ,

[raghvi]

H1B selected through cap is not always has to be 6 year eligible H1B .If I stayed in L1B earlier,new cap selected H1B eligible only for remainder period of 6 year even thou its selected through lottery and cap .Is this correct,I don't see any value for this H1B even after going through cap and lottery, if H1B is valid only remainder 6 years because of prior L1B,L1B is easy to gte and its a different category and GC process is easy where as H1B is tough and GC process is also tough .I am wondering to know if there is any option or conditions to separate L1B period from H1B.I understand the period of admission and 1 year outside but H1B subjected to cap should be eligible for 6 year H1B if some conditions are met ie after one year outside .Any inputs or thoughts are welcome ,

I wouldn't agree to the statement that L1 is easy to get, it might have been easier 8-10 Years back but off late, the rejection rate of L1B are way higher than H1B. So much so, that officers while rejecting prospective L1s during interview ask specifically to file under H1b, indirectly implying that criteria for being eligible for L1 are higher than that for H1B.

L1B and L1A are facing high scrutiny from USCIS since last 3-4 Years. Also GC process is not easy even for L1A.

L1Bs require specialized knowledge in company products and processes which can only be got after a decent stay with the company (no such requirement for H1B). L1As are even more difficult considering the seniority required to be eligible for the same.

H1B requires specialization only in technologies for which there arent much resources available in US.

H1Bs are much easier to get as long as you have a genuine employer and genuine work.

As far as 6 Year limit is concerned, I would only say that if a company sees long term requirement for your skill set (> 3 Years), they should eventually sponsor GC for you rather than file a fresh H1 after 1 Year stay abroad. remember, if GC is filed timely then you you no longer need to be part of cap and can file extensions in multiples of 1 year/3 Year.

In fact H1B if filed afresh after 1 year stay outside US are eligible for fresh 6 years stay provided that there is genuine shortage of your skill sets in US and a company is willing to on-baord you.

This is my opinion not legal advice.