L1 to H1 when L1 total duration of stay over

[been123]

Hi,

My husband is on L1B (individual) and applying for his last extension as his total duration of stay on this visa is maxing out.
He can get a max. extension until July 2015 only. After he gets his extension, his employer will apply for H1 next year.

1) Is this correct that the earliest he can be on H1 is 1st Oct, 2015 now?
2) If current L1 is extended until July 2015, is he expected to leave US from Aug until Oct even if his H1 is already applied / in process or approved? Can he not continue to stay like in the case when one continues even though the visa extension is in filed but pending status?

Thanks!

[raghvi]

Hi,

My husband is on L1B (individual) and applying for his last extension as his total duration of stay on this visa is maxing out.
He can get a max. extension until July 2015 only. After he gets his extension, his employer will apply for H1 next year.

1) Is this correct that the earliest he can be on H1 is 1st Oct, 2015 now?
2) If current L1 is extended until July 2015, is he expected to leave US from Aug until Oct even if his H1 is already applied / in process or approved? Can he not continue to stay like in the case when one continues even though the visa extension is in filed but pending status?

Thanks!

Are you sure that entire 5 Years spent in US is completing in July 2015, because if there were some gaps, it can be potentially reclaimed.

1. Yes 01-Oct-2015 is the earliest, if he gets selected and H1 petition approved.
2. Yes if his L1 tenure is expiring in July 2015 then he would be expected to leave. In order to come back he can go for H1 stamping and return with valid H1.

Another thing, L1 + H1 can be of max 6 Years, so if his 5 Years is completing in July 2015, then he will be eligible for only 1 Year of H1.

If you want to be in US for long term, maybe its time to get him to talk to his employer about starting the GC process.

This is my opinion not legal advice.

[been123]

Thanks for your reply.
He had gaps of 4 months, 3 weeks and 1 month over the total period.
Can these be reclaimed and how?

[raghvi]

Thanks for your reply.
He had gaps of 4 months, 3 weeks and 1 month over the total period.
Can these be reclaimed and how?

So out of those 5 Years, it means that he was out of US for nearly 5 and half Month? If yes, then his employer can file for extension and try to reclaim the same. The request would be treated similar to extension request. Advisable to apply in premium.

This is my opinion not legal advice.