L1 to H1B convertion and visa validity

[varghese2012]

I have come back from US (on Aug 2011 ) to india after 4.5 yrs stay in US on L1 visa and have been in India to date( completed more than 1 year cooling period). I have applied for L1-H1B convertion when in US, and now I have received the H1B which shows the validiy of only 6 months only until Apr 2013. So if I go back to US now ,say Dec 2012 and apply for extn, will I get a 3 year + 2 yt extn since I have completed more than 1 yr cooling period in India.
Please advise Urgently

[raghvi]

I have come back from US (on Aug 2011 ) to india after 4.5 yrs stay in US on L1 visa and have been in India to date( completed more than 1 year cooling period). I have applied for L1-H1B convertion when in US, and now I have received the H1B which shows the validiy of only 6 months only until Apr 2013. So if I go back to US now ,say Dec 2012 and apply for extn, will I get a 3 year + 2 yt extn since I have completed more than 1 yr cooling period in India.
Please advise Urgently

For one to get fresh 6 Year of H1, one should remain outside US for One full year and be cap counted again in the year in which you completed 1 Year outside US. Since you used a previous cap counted petition your clock in not exactly reset. Instead of using previous H1 if you apply for fresh H1 in Month of April 2013 then you would get fresh H1 for 3 Years with possibility of extending by another 3 years later, the new H1 start date cane only be 01-Oct-2013 or later.

This is my opinion not legal advice.

[varghese2012]

For one to get fresh 6 Year of H1, one should remain outside US for One full year and be cap counted again in the year in which you completed 1 Year outside US. Since you used a previous cap counted petition your clock in not exactly reset. Instead of using previous H1 if you apply for fresh H1 in Month of April 2013 then you would get fresh H1 for 3 Years with possibility of extending by another 3 years later, the new H1 start date cane only be 01-Oct-2013 or later.

This is my opinion not legal advice.

Hi Raghvi,
Thanks a lot .