L1B to H1 Conversion

[DeepakL1]

Hi,

I was in L1B and stayed in US for 1820 days (Calculation as below) and came back to India on Jul 3, 2016. Kindly advice if am legally eligible to apply H1B in April 2017 ? If yes, Will it be L1B to H1B conversion or fresh H1B ? Appreciate your suggestion on this


First Entry to US - 12-Mar-11
First Exit from US - 10-Mar-12
Second Entry to US - 10-Jul-12
Second Exit from US - 3-Jul-16

Total Number of Days in L1 B : 1820

[raghvi]

Hi,

I was in L1B and stayed in US for 1820 days (Calculation as below) and came back to India on Jul 3, 2016. Kindly advice if am legally eligible to apply H1B in April 2017 ? If yes, Will it be L1B to H1B conversion or fresh H1B ? Appreciate your suggestion on this


First Entry to US - 12-Mar-11
First Exit from US - 10-Mar-12
Second Entry to US - 10-Jul-12
Second Exit from US - 3-Jul-16

Total Number of Days in L1 B : 1820

Did you have a prior H1? Or is it first H1 for you?

[DeepakL1]

Did you have a prior H1? Or is it first H1 for you?

Hi Raghvi, I had NO prior H1. Days mentioned in original post is the only dates I stayed in US and with L1B. Appreciate your suggestion on this.

[DeepakL1]

Hi,

I have no prior H1.

- - - Updated - - -

Did you have a prior H1? Or is it first H1 for you?

I had no Prior H1. This is my first H1 and all days mentioned in US is using L1B.

[raghvi]

Hi,

I have no prior H1.

- - - Updated - - -

I had no Prior H1. This is my first H1 and all days mentioned in US is using L1B.

In that case it has to be a fresh cap subject H1 (unless the employer itself is cap exempt). Also it can be valid only upto a max of 6 Years minus time already spent in L1 status.

This is my opinion not legal advice.

[DeepakL1]

In that case it has to be a fresh cap subject H1 (unless the employer itself is cap exempt). Also it can be valid only upto a max of 6 Years minus time already spent in L1 status.

This is my opinion not legal advice.

Thanks Raghvi. I came back on Jul 3, 2016 and by March 31, 2017 i wont complete 365 Days. Is it a Legal concern not to apply for H1B this time or it doesn't matter as i have spend only 5 Years and H1B work permit is for 6 Years.

[raghvi]

Thanks Raghvi. I came back on Jul 3, 2016 and by March 31, 2017 i wont complete 365 Days. Is it a Legal concern not to apply for H1B this time or it doesn't matter as i have spend only 5 Years and H1B work permit is for 6 Years.

It doesn't matter. But As I said, since 5 Years have already been spent, the max the H1 , if selected and approved, would be for 1 Year. Again subject to rules remaining the same.

This is my opinion not legal advice.

[DeepakL1]

It doesn't matter. But As I said, since 5 Years have already been spent, the max the H1 , if selected and approved, would be for 1 Year. Again subject to rules remaining the same.

This is my opinion not legal advice.

Thanks Raghvi. I got your point. One more clarification required is : if selected and approved stamping will happen after Oct, 2017 and by that time i would complete more than 365 days outside US. In this case will the clock be reset and will i be eligible for 6 Years ? Or as you mentioned still its going to be only 1 Year ?

[raghvi]

Thanks Raghvi. I got your point. One more clarification required is : if selected and approved stamping will happen after Oct, 2017 and by that time i would complete more than 365 days outside US. In this case will the clock be reset and will i be eligible for 6 Years ? Or as you mentioned still its going to be only 1 Year ?

Its not the date of stamping that matters, its the date of application.

This is my opinion not legal advice.

[DeepakL1]

Its not the date of stamping that matters, its the date of application.

This is my opinion not legal advice.

Got it. Thanks Raghvi for your valuable inputs