L1B to F1 to L1B

[NamM]

Hi,

I worked in US for 2 years on L1B with Employer-1 and then moved to India to work with Employer-2 for the past 9 months. I have got through a US B school and will return to Employer-1 (in US) post my 1 year MBA. Will I be eligible for L1B visa when I go back to the Employer-1?

Below are the details on L1B:

1. L1B visa issued on July 24, 2013 and expires on July 1, 2016 (I worked in US from August 2013 to June 2015)
2. I left Employer-1 in US on June 5, 2015 to work in India
3. I'll start my B school in US in June 2016 and will graduate on June 20, 2017
4. I'll join Employer-1 straight after my graduation.

Question: When the employer-1 applies for my visa, can I apply for L1B or it will go under H1B category?

Any advise is much appreciated.

[raghvi]

Hi,

I worked in US for 2 years on L1B with Employer-1 and then moved to India to work with Employer-2 for the past 9 months. I have got through a US B school and will return to Employer-1 (in US) post my 1 year MBA. Will I be eligible for L1B visa when I go back to the Employer-1?

Below are the details on L1B:

1. L1B visa issued on July 24, 2013 and expires on July 1, 2016 (I worked in US from August 2013 to June 2015)
2. I left Employer-1 in US on June 5, 2015 to work in India
3. I'll start my B school in US in June 2016 and will graduate on June 20, 2017
4. I'll join Employer-1 straight after my graduation.

Question: When the employer-1 applies for my visa, can I apply for L1B or it will go under H1B category?

Any advise is much appreciated.

It would have to be fresh H1. The reason you would not be eligible for L1 is that your Employer 1 would apply for L1B say in June 2017, one of the first requirements is to be working for Employer 1 at their non US entity for at least 1 Year in last 3 Years (between June 2014-June-2017) which you did not.

Would you be eligible for OPT? If not the H1 application would have to be done in April 2017 with earliest start date of Oct 2017.

This is my opinion not legal advice.

[NamM]

It would have to be fresh H1. The reason you would not be eligible for L1 is that your Employer 1 would apply for L1B say in June 2017, one of the first requirements is to be working for Employer 1 at their non US entity for at least 1 Year in last 3 Years (between June 2014-June-2017) which you did not.

Would you be eligible for OPT? If not the H1 application would have to be done in April 2017 with earliest start date of Oct 2017.

This is my opinion not legal advice.

Ok. Thanks for your opinion.

I did work for the non-US entity of Employer 1 from June 2011- June 2013 before moving to US on the L1B visa. Does that change anything? Moreover, I thought, the visa application will be moved in March 2017 so that I can join the Employer-1 in US directly after my graduation.

If I study in a US B school (non-STEM), I'll get one more shot at H1 if I don't get it the first time.

[Libra_14]

Ok. Thanks for your opinion.

I did work for the non-US entity of Employer 1 from June 2011- June 2013 before moving to US on the L1B visa. Does that change anything? Moreover, I thought, the visa application will be moved in March 2017 so that I can join the Employer-1 in US directly after my graduation.

If I study in a US B school (non-STEM), I'll get one more shot at H1 if I don't get it the first time.

Raghvi: One of the first requirements is to be working for Employer 1 at their non US entity for at least 1 Year in last 3 Years (between June 2014-June-2017) which you did not - Hence you won't be eligible for L1.

Yes, you can certainly apply for H1.