L1 A to H1 B COS

[kapubhatt]

hi All,

Seeking some direction from the forum on this matter:

I have been to US on an H1 B visa on multiple occasions between 2001 and 2006 from different firms.

Visa ::: From ::: To
H1 B 05-Apr-2001 22-nov-2001
L1B 13-Jun-2002 01-Sep-2002
H1 B 13-Oct-2003 17-Apr-2004
H1 B 18-Feb-2005 26-May-2006
H1 B 31-Oct-2006 22 Feb-2007
Been in India from Feb 2007 to Aug 2012. Have returned to US on a L1 A visa from a different organization. As I realized my current organization is not keen on filing the GC application under EB1 and would want to wait as much as possible ( till the end of the L1 A validity period ) and only then file for the GC Application.

Looking at this scenario, I am considering filing for a Change of Status from L1 A to H1 B.

Wanted to confirm a couple of points before moving in this direction.
1. The Older H1 B visa have expired.
2. Can I file for a change of status based on an older expired H1 B visa ?
3. What will be total duration of the H1 B that would be allowed ? I am aware that this is calculated out of the total duration of 6 years allowed on the H1 B visa.

Any and all inputs on the above would be greatly helpful

Thanks in advance
KPB

[raghvi]

hi All,

Seeking some direction from the forum on this matter:

I have been to US on an H1 B visa on multiple occasions between 2001 and 2006 from different firms.

Visa ::: From ::: To
H1 B 05-Apr-2001 22-nov-2001
L1B 13-Jun-2002 01-Sep-2002
H1 B 13-Oct-2003 17-Apr-2004
H1 B 18-Feb-2005 26-May-2006
H1 B 31-Oct-2006 22 Feb-2007
Been in India from Feb 2007 to Aug 2012. Have returned to US on a L1 A visa from a different organization. As I realized my current organization is not keen on filing the GC application under EB1 and would want to wait as much as possible ( till the end of the L1 A validity period ) and only then file for the GC Application.

Looking at this scenario, I am considering filing for a Change of Status from L1 A to H1 B.

Wanted to confirm a couple of points before moving in this direction.
1. The Older H1 B visa have expired.
2. Can I file for a change of status based on an older expired H1 B visa ?
3. What will be total duration of the H1 B that would be allowed ? I am aware that this is calculated out of the total duration of 6 years allowed on the H1 B visa.

Any and all inputs on the above would be greatly helpful

Thanks in advance
KPB

Its not only H1B for 6 Years, its H1B + L1 stay that can be max 6 Years. And looks like the 6 Years was used in the 2001-2007 period so I really doubt the old H1 can be used as its already been 6 years.

This is my opinion not legal advice.

[kapubhatt]

Its not only H1B for 6 Years, its H1B + L1 stay that can be max 6 Years. And looks like the 6 Years was used in the 2001-2007 period so I really doubt the old H1 can be used as its already been 6 years.

This is my opinion not legal advice.

Thanks for the response. So is this true even if the old H1 and L1 were on different petitions ? e.g.

the first H1 B used from Apr 2001 to Nov 2001 was on a different petition
the first L1 B used from June 2002 to Sep 2002 was on a different petition
the next set of visa H1 B issued in Oct 2003 and used from Oct 2003- Apr 2004, Feb 2005 to May 2006 and Oct 2006 to Feb 2007 was on a different petition.

Just trying to clarify since this would make it clear if I indeed need to file for a fresh H1 B petition.

thanks