H1 - L1 Conflict

[lmjp8]

Hi There,

I am currently on H1B and I still have 1 year and 7 months to complete full 6 yrs on my H1B.

Since my company is not doing GC for any H1B holders but for L1. The managment group that I work for, is asking me to go to Canada and work there for an year and come back here on L1 to get my green card done.

They said they are moving my position to Canada along with me so that when I come back to US I can come back with the position. Also, they say if the policy changes in 6 months that GC can be done for H1B holders, I can come back to US on H1B and get done me GC

Now I am bit confused, can I can have valid H1B and L1 at the same time? I really appreciate if someone can help me outling the issues that I may get in future (on immigration grounds)?

Thanks in Advance.

Regards,
Jay

[shervin143]

L1 + H1B in total is for 6 years. If you stay out of the country (U.S) for 1 year, then your L1 / H1B clock will reset. You can apply for fresh 6 year H1B or 5 year L1. Visa status applies only when you are in U.S. When you are out of the country, there is no status.

[lmjp8]

Thanks for your reply,

I still have 1 year and 5 months on my old H1B, say if I leave US now and come to US after 1 year, I still can apply for fresh 6 yrs H1B or 5 Yrs L1, though I still have 5 months validity on my old H1B?

Regards,
Jay

[shervin143]

Yes. Like I mentioned earlier, you need to apply a fresh petition (H1B in new quota instead of using the existing CAP) to get a 6 years term.