Change of VISA from L1B to F1 and later F1 to H1B

[Prudhvi Potu]

Good Day,

I am currently working in USA on L1B visa since 2 years. According to my current employer status, I have work load for next 3 years and they will renewal my VISA (to max 5 yrs of continuous stay). I am very much interested to do masters in Engineering and have some queries on the same:

1) Can I start take up masters(full time or part time) continuing in my current job starting this Dec 2014.
2) If yes, Am I eligible to take OPT after completion of my studies (expected to get degree by Dec 2015). In Sep 2015 I am planning to change my VISA status to F1 from L1B through attorney and get an OPT by Dec-2015. (In Sep 2015 I will resign my Job up on F1 approval).
3) If above two can be done, Can I change my OPT to H1B and stay here in USA for next 6 years (H1B limit). So my total stay will comes to 8 to 10 yrs of time without any one year gap?
4) Later can I get my Green Card through employer while working on H1B for 6 years?

Basically I am moving from L1B to F1 and later to H1B (making 8 to 10 yrs of stay in USA without a year gap in between)

Could you please check on the above queries and help me out. Appreciate your response.

Thank you!!

[raghvi]

Good Day,

I am currently working in USA on L1B visa since 2 years. According to my current employer status, I have work load for next 3 years and they will renewal my VISA (to max 5 yrs of continuous stay). I am very much interested to do masters in Engineering and have some queries on the same:

1) Can I start take up masters(full time or part time) continuing in my current job starting this Dec 2014.
2) If yes, Am I eligible to take OPT after completion of my studies (expected to get degree by Dec 2015). In Sep 2015 I am planning to change my VISA status to F1 from L1B through attorney and get an OPT by Dec-2015. (In Sep 2015 I will resign my Job up on F1 approval).
3) If above two can be done, Can I change my OPT to H1B and stay here in USA for next 6 years (H1B limit). So my total stay will comes to 8 to 10 yrs of time without any one year gap?
4) Later can I get my Green Card through employer while working on H1B for 6 years?

Basically I am moving from L1B to F1 and later to H1B (making 8 to 10 yrs of stay in USA without a year gap in between)

Could you please check on the above queries and help me out. Appreciate your response.

Thank you!!

Studying on L1 is possible if employer wishes and you can maintain L1 status while doing so. L1B to F1 also seems possible. F1 to OPT is also possible and later on F1 to H1 is also possible.

The snag that you will hit is when you apply fresh H1, the previous L1 stay would get added in determining the 6 Year accumulation law. L1+H1 can only be max for 6 Years, if there is no 1 Year outside US gap so if at the time of H1 approval you have already spent, say 3.5 Years on L1 , you would be eligible for only 2.5 Years of H1. If you want fresh 6 Years H1 you need to stay out of US for an entire year.

This is my opinion not legal advice.