L2 to H1B - time cap?

[cocreateguid]

I am on L1-B status and my 5-year limit of staying in the US will end by 7/27/2013. My wife is with me on L2 status and she has been in the US for about 3.5 years. Now a company wants to hire her and is willing to sponsor for her H1B visa.

What we want to know is, does the number of years she stays in the US under L2 affect the number of years she will stay in the US under H1B? I.e. we know H1B allows up to 6 years of stay in the US, in case she already stayed in the US for 3.5 years under L2, will she be able to stay in the US for another 2.5 years? Or, will the number of years count from zero again?

Thanks!

[kabkaba]

L2 does not count, only L1 or H1 counts.

[cocreateguid]

L2 does not count, only L1 or H1 counts.

Thank you! I have read official USCIS document that indicates H4 wont affect H1 year limit, and L2 won't affect L1 limit if you transfer from H4/L2 to H1/L1. However there is no clarity about transferring L2 to H1. Kinda worries me.

[cocreateguid]

Now I have another question.

Let's say my wife changes from L2 to H1B this year. Then I change from my L1 to H4 in July 2013 (I will hit the 5-year cap on L1-B by then). As soon as I change to H4, I will not be able to work.

My question is, if a new employer wants to hire me on H1B, do I have to leave the US for at least one year first? I.e. when a new employer hires me, does the time on L1 still count? What if I stay in the US on H4 for one year, will I be able to get H1B without leaving the US?

Thanks in advance for your answer.

[shervin143]

If you have completed 5 years on L1, then you have to stay out of U.S for 1 whole year to be qualified for a fresh 6 year period in H1B irrespective of which employer you want to work. Staying in U.S in any other status like L2, H4, B1/B2 will not reset the clock.

Now I have another question.

Let's say my wife changes from L2 to H1B this year. Then I change from my L1 to H4 in July 2013 (I will hit the 5-year cap on L1-B by then). As soon as I change to H4, I will not be able to work.

My question is, if a new employer wants to hire me on H1B, do I have to leave the US for at least one year first? I.e. when a new employer hires me, does the time on L1 still count? What if I stay in the US on H4 for one year, will I be able to get H1B without leaving the US?

Thanks in advance for your answer.

[cocreateguid]

Thank you very much, Shervin143.