Will my H1B will be Valid If I am using 1 year of it

[advait]

Currently I am on L1B visa and completed my 4 years. I am planning to apply H1B visa this year. If H1B will pick in the lottery I need to start from Oct-2017. In this case I will get only 14 additional month on H1B. As on H1B visa I can't stay more than 6 years (L1B Visa 4 years and 10 months, H1B visa 1 year and 2 months). Now my question is If H1B will get selected in lottery this year and If my I140 will not get approve, Can I go back to my own country, stay for 1 year and again come back on same H1B visa or do I need to again apply for new H1B visa.

If I am converting my L1B to H1b Visa and completing my total duration on both type of visa (6 years total duration, but used only 14 months on H1b) , will my H1B visa will be valid and Can I come back to USA on same visa after spending 1 year out of USA or do I need to apply fresh new H1B visa again to come back to USA.

Many Thanks.

[raghvi]

Currently I am on L1B visa and completed my 4 years. I am planning to apply H1B visa this year. If H1B will pick in the lottery I need to start from Oct-2017. In this case I will get only 14 additional month on H1B. As on H1B visa I can't stay more than 6 years (L1B Visa 4 years and 10 months, H1B visa 1 year and 2 months). Now my question is If H1B will get selected in lottery this year and If my I140 will not get approve, Can I go back to my own country, stay for 1 year and again come back on same H1B visa or do I need to again apply for new H1B visa.

If I am converting my L1B to H1b Visa and completing my total duration on both type of visa (6 years total duration, but used only 14 months on H1b) , will my H1B visa will be valid and Can I come back to USA on same visa after spending 1 year out of USA or do I need to apply fresh new H1B visa again to come back to USA.

Many Thanks.

It does not matter if you use only 14 Months of the H1 visa, the rule is 6 Years of H1, OR combined L1+H1. So if your I140 is not approved and you want to come back then you have to get a new H1. I would recommend not exhausting the 6 Years (H1+L1) and once I140 is approved using the approved I140 to get extension of the H1 instead of applying for a fresh one.

This is my opinion not legal advice.