H1B - Lottery picked. Maxed out L1B. Request advice.

[mendax_r]

Hi Team,

Good Morning.

I have the below situation. Requesting your suitable advise.

Actually, I am on L1B for almost 4 and half years in US. Maxing out my five years period of stay by August-2016.
At this point, my company applied for a fresh H1B, this year. My case got picked through lottery, luckily.

In this situation , My company is giving me two options. Requesting your advise on these two options.

Option1:

L1B max out period will be on August -2016. Go back to India by July-2016 and get the H1B stamping.
Start to US by Oct - 2016 with H1B. Stay here in US for one more year. ( Until OCT-2017)
Because L1B+H1B - Combined max out period is 6 years.

Then have a cooling period in India for one year.

Option2:

L1B max out period on August -2016. Go back to India by July-2016 and get the H1B stamping.
Start to US by Oct - 2016 in H1B. During the same time, they will start the GC process for me.
So that I cannot have to go back to India for the cooling period.

Questions:

1. Do you feel the Option2 will work out ?
I will have exactly one year for my I-140 approval.Is that even possible ?

2. Should I go with Option1 or Option2 ? What are all the advantages or disadvantages of these two options.

Any advise on these items are greatly appreciated.

Thank You.

[mendax_r]

Hi Team,

Can anyone please update on this ?

Thanks

[raghvi]

Hi Team,

Can anyone please update on this ?

Thanks

How will option 1 cooling off of 1 year help you?

[mendax_r]

How will option 1 cooling off of 1 year help you?

Thank You, Raghvi for the response. Appreciate it.

Actually, I want to continue here in US. If option 2 does not work out then i need to go for the option 1.

Do you feel option2 would work out for me ?

Questions:

I will have exactly one year for my I-140 approval.Is that even possible ?

Thank You

[raghvi]

Thank You, Raghvi for the response. Appreciate it.

Actually, I want to continue here in US. If option 2 does not work out then i need to go for the option 1.

Do you feel option2 would work out for me ?

Questions:

I will have exactly one year for my I-140 approval.Is that even possible ?

Thank You

I still didn't understand the benefit of 1 year cooling off period. Remember if your 6 years combine L1+H1 stay has completed and you leave US you would need a fresh H1(lottery etc) to re enter US. I would advise starting GC immediately, if I140 approved or even if PERM pending for more than 1 year, you can still extend the H1.

This is my opinion not legal advice.

[mendax_r]

I still didn't understand the benefit of 1 year cooling off period. Remember if your 6 years combine L1+H1 stay has completed and you leave US you would need a fresh H1(lottery etc) to re enter US. I would advise starting GC immediately, if I140 approved or even if PERM pending for more than 1 year, you can still extend the H1.

This is my opinion not legal advice.

Thanks, Raghvi for responding.

Actually, Now, I am here in US with L1B VISA. Maxing out my stay 5 years period by July-2016.
So i need to go back to India by July end of this year.
In the meanwhile, My case got picked in the H1B Lottery. (fresh H1B) After the approval, I can start work in US from OCt-1-2016.

If i come back to US by Oct-1-2016 with H1b, I can have one more year to stay here without GC. ( L1+H1b = 6 years)
If at all, the PERM & I-140 approved within a year, I can continue to work in US even after 6 years.

If you feel like , PERM & I-140 will not be done in an year means, better I will spend cooling off period in India from Oct-2016 to Oct-2017.
Then i will come back to US. So that I can stay here for fresh six more years in US without GC.


Thank You.

[raghvi]

Thanks, Raghvi for responding.

Actually, Now, I am here in US with L1B VISA. Maxing out my stay 5 years period by July-2016.
So i need to go back to India by July end of this year.
In the meanwhile, My case got picked in the H1B Lottery. (fresh H1B) After the approval, I can start work in US from OCt-1-2016.

If i come back to US by Oct-1-2016 with H1b, I can have one more year to stay here without GC. ( L1+H1b = 6 years)
If at all, the PERM & I-140 approved within a year, I can continue to work in US even after 6 years.

If you feel like , PERM & I-140 will not be done in an year means, better I will spend cooling off period in India from Oct-2016 to Oct-2017.
Then i will come back to US. So that I can stay here for fresh six more years in US without GC.


Thank You.

Merely staying out for 1 year does not reset the clock and will not help in getting fresh 6 years.

This is my opinion not legal advice.

[mendax_r]

Merely staying out for 1 year does not reset the clock and will not help in getting fresh 6 years.

This is my opinion not legal advice.

Oh. That is a news to me. Thanks for your opinion, Raghvi.


One more clarification.

Completing my 5 years by July-2016 with L1B. I will come back to US by Oct-2016 after getting the fresh H1B stamped.
At the same time, I will ask my company to process the PERM & I-140 etc..

If this process ( of getting approval I-140) takes more than an year, Can i stay in US further ? ( 6+ years ? )

Appreciate your answer.


Thanks

[raghvi]

Oh. That is a news to me. Thanks for your opinion, Raghvi.


One more clarification.

Completing my 5 years by July-2016 with L1B. I will come back to US by Oct-2016 after getting the fresh H1B stamped.
At the same time, I will ask my company to process the PERM & I-140 etc..

If this process ( of getting approval I-140) takes more than an year, Can i stay in US further ? ( 6+ years ? )

Appreciate your answer.


Thanks

As I said, it's better you ask them to file it immediately rather than waiting till Oct 2016
One year is cutting it too close for comfort.


This is my opinion not legal advice

[mendax_r]

As I said, it's better you ask them to file it immediately rather than waiting till Oct 2016
One year is cutting it too close for comfort.


This is my opinion not legal advice

:-) thank You.


Again, My case is very weird one. Currently, I am here in US with my I-94.
In total of five years , first three years - I was with the L1B Visa, after that I am here in US with the I-94.

Do you think, it is possible to initiate the process with mere I-94 alone ? Please advise. Thank You !!


Thanks.

[raghvi]

:-) thank You.


Again, My case is very weird one. Currently, I am here in US with my I-94.
In total of five years , first three years - I was with the L1B Visa, after that I am here in US with the I-94.

Do you think, it is possible to initiate the process with mere I-94 alone ? Please advise. Thank You !!


Thanks.

It is possible to initiate it even if you are not in US, as long as employer is willing to


This is my opinion not legal advice.

[mendax_r]

It is possible to initiate it even if you are not in US, as long as employer is willing to


This is my opinion not legal advice.

Okay, Got it. Thank You, Raghvi :-)