Total stay with L1 to H1

[av80]

Hi All

I am currently on L1 ...and staying in US for 5 years.it expires in july this year My company is planning to do a H1B for me. Questions are

1. if I get my Visa approved, i know i can come only by oct. but in that case if i coming at that time..can i stay only for year and some months?(considering company is not doing GC and i already have 5 years stay continuous in US )
2. if I get my Visa approved,but i postpone my travel till July next year...then can I stay 6 years from there?(as i am out of US for 365 days)

Any help is appreciated

[shervin143]

1. if I get my Visa approved, i know i can come only by oct. but in that case if i coming at that time..can i stay only for year and some months?(considering company is not doing GC and i already have 5 years stay continuous in US )
>>> You can stay only for a year. Total years you can stay in L1 + H1B combined is 6 years.

2. if I get my Visa approved,but i postpone my travel till July next year...then can I stay 6 years from there?(as i am out of US for 365 days)
>>> It doesn't work that way. Your H1B petition with USCIS should be filed 1 years after you stay out of U.S. The clock doesn't rest of you apply and get the H1B now but go for stamping or enter U.S after 1 year. Filing the H1B petition should be done after one year and it should be filed under a brand new CAP (quota).

[av80]

Thanks shervin143 for the quick reply

So In case 1 if i come here for an Year , then go back to India and stay for 365+ days,then if i need to come back, do i need to apply in CAP quota or will that be a cap exempt

[raghvi]

Thanks shervin143 for the quick reply

So In case 1 if i come here for an Year , then go back to India and stay for 365+ days,then if i need to come back, do i need to apply in CAP quota or will that be a cap exempt

In case you return to US in Oct 2016 with the petition applied in April 2016, then go back in say Oct 2017. Then you got to apply afresh in fresh cap (as the previous cap exhausted 6 Years of L1+H1) ) in April 2018 and then come back in Oct 2018.

This is my opinion not legal advice.