L1B to H1B Query

[callback.ds]

Hi,


I am currently in US on L1B which expired in May 2013 but i94 is valid till June 2016.


I was on H1B and H1 extension earlier between 2006 and 2008 but utilised only 17 months of the total of 6 years.


I am planning to get L1B converted to H1B - is it possible to get my visa changed to H1B? Do i need to file it in the cap or can it go anytime?

any constraints?


Thanks in advance!

[raghvi]

Hi,


I am currently in US on L1B which expired in May 2013 but i94 is valid till June 2016.


I was on H1B and H1 extension earlier between 2006 and 2008 but utilised only 17 months of the total of 6 years.


I am planning to get L1B converted to H1B - is it possible to get my visa changed to H1B? Do i need to file it in the cap or can it go anytime?

any constraints?


Thanks in advance!

Technically there is nothing called " get visa changed". What you are talking about is called Change of Status. Visa, Status, Petition, I-94 are different things.

Now, whether the earlier H1 can be used to file a Cap Exempt petition would depend upon how much time you have already spent on H1 + L1 stay, and also when were you last on H1 status.

If you were on H1 in last 6 Years, and have spent less than 6 Years in US on L1+H1 status then it may be possible to file a cap exempt petition with an immediate start date.

If not, then you will have to file in new cap.

This is my opinion not legal advice.

[callback.ds]

Technically there is nothing called " get visa changed". What you are talking about is called Change of Status. Visa, Status, Petition, I-94 are different things.

Now, whether the earlier H1 can be used to file a Cap Exempt petition would depend upon how much time you have already spent on H1 + L1 stay, and also when were you last on H1 status.

If you were on H1 in last 6 Years, and have spent less than 6 Years in US on L1+H1 status then it may be possible to file a cap exempt petition with an immediate start date.

If not, then you will have to file in new cap.

This is my opinion not legal advice.

Hi Raghvi, thank you for your reply

My trips to US earlier had been:

On H1B and H1X:
6 months between Mar 2006 and Aug 2006
11 months between Sep 2007 and July 2008

On L1B
2 years since Feb 2012

In last 6 years, i have been on H1+L1 status for less than 6 years.

In this case, is it possible then to file a cap exempt petition with an immediate start date as you suggested above?

Regards!
DS