I am on L1A visa that will be max out in May 2022. I followed up with my company's immigration team for a new H1B petition this year, but they said that I am ineligible for this year's quota. As my 6 years of stay in US ends by May 2021, and new H1's eligibility will not start before Oct 2021, there is a gap of 5 months which makes me ineligible even though I have an approved I-140 in Eb2 category. But when I checked with an other employer who is willing to file H1B for me, said that I would still be eligible for a new H1B. I am confused here and want to know your thoughts to plan my alternate options better. Thanks in advance!!
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New H1B Petition while already on L1A
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No, you are not eligible since you already completed 6 years on L1 visa.- I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.
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Thank you Libra_14. I haven’t completed my 6 years yet. As I mentioned I would complete 6 years of stay by May 1st 2021. This date is after this year’s H1 registration date but well before the work eligibility start date. Would I be ineligible this year ? I will have to plan for alternative options in that case.
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The 6 year are counted on the date of H1 approval. Alternative plan is for you to move out of USA & stay out so that on the date of H1 approval you do not complete 6 years.- I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.
If my opinion helping you, then please do click "like" button below.
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Originally posted by L1-H1B View PostI am on L1A visa that will be max out in May 2022. I followed up with my company's immigration team for a new H1B petition this year, but they said that I am ineligible for this year's quota. As my 6 years of stay in US ends by May 2021, and new H1's eligibility will not start before Oct 2021, there is a gap of 5 months which makes me ineligible even though I have an approved I-140 in Eb2 category. But when I checked with an other employer who is willing to file H1B for me, said that I would still be eligible for a new H1B. I am confused here and want to know your thoughts to plan my alternate options better. Thanks in advance!!
Can someone please confirm ?
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