L1 to H1B Maxout clarification

[ltohvisa]

All,

Aplologies if it is a repeating question. Request senior members to throw some light on my case

Example scenario,

My current L1 visa is getting max out on May 2013 (I-94 same as visa expiration date) and my employer filed L1 to H1B conversion this year and waiting on decision from USCIS

Say my H1B is approved for 1 year (till May 2014) and my new I-94 date is also issued till May 2014

Question -
Am I eligible to extend my H1B visa after May 2014?
Or Should I have to travel back to India and stay for 365 days (considering to be max out) and come back to US with new H1B visa

Please advice

Thanks
sent by Goodlink

[rvisak]

All,

Aplologies if it is a repeating question. Request senior members to throw some light on my case

Example scenario,

My current L1 visa is getting max out on May 2013 (I-94 same as visa expiration date) and my employer filed L1 to H1B conversion this year and waiting on decision from USCIS

Say my H1B is approved for 1 year (till May 2014) and my new I-94 date is also issued till May 2014

Question -
Am I eligible to extend my H1B visa after May 2014?
Or Should I have to travel back to India and stay for 365 days (considering to be max out) and come back to US with new H1B visa

Please advice

Thanks
sent by Goodlink

Your total stay in L1+ H1 cannot exceed 6 years. So after May 2014 you will have to leave US for a period of 365 days and then come back on a fresh term.

[shervin143]

Your H1B can be extended beyond the 6th year provided the employer sponsors your Green card and the PERM (first stage in GC) is filed 365 days prior to the end of the 6th year.

https://www.immihelp.com/h1-visa-extension-beyond-6-years-in-usa/

All,

Aplologies if it is a repeating question. Request senior members to throw some light on my case

Example scenario,

My current L1 visa is getting max out on May 2013 (I-94 same as visa expiration date) and my employer filed L1 to H1B conversion this year and waiting on decision from USCIS

Say my H1B is approved for 1 year (till May 2014) and my new I-94 date is also issued till May 2014

Question -
Am I eligible to extend my H1B visa after May 2014?
Or Should I have to travel back to India and stay for 365 days (considering to be max out) and come back to US with new H1B visa

Please advice

Thanks
sent by Goodlink

[ltohvisa]

All,

Aplologies if it is a repeating question. Request senior members to throw some light on my case

Example scenario,

My current L1 visa is getting max out on May 2013 (I-94 same as visa expiration date) and my employer filed L1 to H1B conversion this year and waiting on decision from USCIS

Say my H1B is approved for 1 year (till May 2014) and my new I-94 date is also issued till May 2014

Question -
Am I eligible to extend my H1B visa after May 2014?
Or Should I have to travel back to India and stay for 365 days (considering to be max out) and come back to US with new H1B visa

Please advice

Thanks
sent by Goodlink

Thank You All

One clarification - If I change my employer during my 1 year H1B period (as quoted above) and new employer B filed a new H1B visa (say approved for 1 year), in that case will I be able to extend
my stay with my new Visa or still max out will be considered unless GC is filed as suggested?

Appreciate your time



Thanks
-Goodlink

[rvisak]

Thank You All

One clarification - If I change my employer during my 1 year H1B period (as quoted above) and new employer B filed a new H1B visa (say approved for 1 year), in that case will I be able to extend
my stay with my new Visa or still max out will be considered unless GC is filed as suggested?

Appreciate your time



Thanks
-Goodlink

,

As mentioned by Shervin , your GC process needs to start no later than 365 days before your H1 maxout for you to continue beyond 6 years. If you change employers and then wait for your new employer to start your GC; you'll have less than 1 year in which your labor and 140 need to get approved for you to continue beyond 6 years. This is taking a chance and whether or not it will work is anybody's guess

[preeti1288]

Hi,

I was on L1-B from April 2008 to Jan 2011. I came back to India on 10th Jan 2011. My employer filed for my H1-B on June 2011 and I got my approved petition on 12th Jan 2012. I came back to US on June 2012. My question is can i stay in US for 7 years as per my H1-B or will my counter be considered as 3+?


Thank you all for your reply.

[raghvi]

Hi,

I was on L1-B from April 2008 to Jan 2011. I came back to India on 10th Jan 2011. My employer filed for my H1-B on June 2011 and I got my approved petition on 12th Jan 2012. I came back to US on June 2012. My question is can i stay in US for 7 years as per my H1-B or will my counter be considered as 3+?


Thank you all for your reply.

Please dont hijack an existing thread.

As you had applied for H1 before completion of your 1 year stay outside US, the previous stay would get added up. Had you applied in April 2012 you would have been eligible for fresh 6 Year H1. So yes, I believe the 3 years of L1 will be added to your H1. L1+H1 can be max for 6 Years so you would be eligible for 6 Years minus time spent on L1 status.

This is my opinion not legal advice.