Stay beyond 5 Years on visa.

[india2usa10]

Hi,
I am completing 5 Yrs. on L1B on april 6th 2013.

on My Plan A -
Considering i will get only 1 Yrs visa on H1B Start date from 1st October 2013.
is there a possibility to get extension for year 2014 and so on on H1B ? (beyond 6 yrs) (since my employer wants to file for GC after 1 year of my H1B.

On My Plan B -
my second plan is to work from india for 1 year after april 2013 and then apply for fresh H1B

my question is - will i get H1B for 3 years continueous or just 1 year even after staying away from usa for 1 year ?.

appeciate your support on this....!

[raghvi]

Hi,
I am completing 5 Yrs. on L1B on april 6th 2013.

on My Plan A -
Considering i will get only 1 Yrs visa on H1B Start date from 1st October 2013.
is there a possibility to get extension for year 2014 and so on on H1B ? (beyond 6 yrs) (since my employer wants to file for GC after 1 year of my H1B.

On My Plan B -
my second plan is to work from india for 1 year after april 2013 and then apply for fresh H1B

my question is - will i get H1B for 3 years continueous or just 1 year even after staying away from usa for 1 year ?.

appeciate your support on this....!

Plan A: On what visa are you going to stay and work in US from April 2013 till Oct 2013? You cannot stay on L1 as you would have exhausted the 5 Year limit. You cant stay on H1 as it will be effective only from 01 Oct 2013. Even if you leave US April 2013 and come back Oct 2013 you are eligible for only 1 year on H1 and you would have to leave Oct 2014.

Plan B: If you stay outside US for 1 Year from April 2013 till April 2014, you would be eligible for a fresh 5 year on L1B/6 Year on H1/7 years on L1A. The question is will your employer be ok for you to work from India for this 1+ Year and will they still process your L1/H1 in April 2014. In most probability quota of April 2013 will be over by 2013 End and you would have to apply in April 2014 quota and the earliest you would be able to travel is Oct 2014.

Provided you are eligible, you can plan for an L1B to L1A conversion as L1A is for 7 Years.

This is my opinion, not legal advice.

[india2usa10]

Stay beyond 5 Years on visa.

Plan A: On what visa are you going to stay and work in US from April 2013 till Oct 2013? You cannot stay on L1 as you would have exhausted the 5 Year limit. You cant stay on H1 as it will be effective only from 01 Oct 2013. Even if you leave US April 2013 and come back Oct 2013 you are eligible for only 1 year on H1 and you would have to leave Oct 2014.

Plan B: If you stay outside US for 1 Year from April 2013 till April 2014, you would be eligible for a fresh 5 year on L1B/6 Year on H1/7 years on L1A. The question is will your employer be ok for you to work from India for this 1+ Year and will they still process your L1/H1 in April 2014. In most probability quota of April 2013 will be over by 2013 End and you would have to apply in April 2014 quota and the earliest you would be able to travel is Oct 2014.


Provided you are eligible, you can plan for an L1B to L1A conversion as L1A is for 7 Years.

This is my opinion, not legal advice.

on plan A >>> yes you are right i meant i will be in india for that 6 month period. i think employer needs to apply for i140 in order to stay beyond 6 years.
on plan B >>> if i leave US in december 2012, and work 1 year from india, and plan to apply for H1B in April 2013 with start date 30 december 2013.
will USCIS allow application to be filled in April 2013 for start date of 30 December 2013 ?? what are your thoughts ?

appreciate your help....!

[raghvi]

on plan A >>> yes you are right i meant i will be in india for that 6 month period. i think employer needs to apply for i140 in order to stay beyond 6 years.
on plan B >>> if i leave US in december 2012, and work 1 year from india, and plan to apply for H1B in April 2013 with start date 30 december 2013.
will USCIS allow application to be filled in April 2013 for start date of 30 December 2013 ?? what are your thoughts ?

appreciate your help....!

Plan A: You havent answered on what visa are you planning to stay from April 2013 to Oct 2013. Also, if your PERM is filed atleast 365 days before your H1 expiry date, you can file for the extension beyond 6 Year. Assuming you have H1 from Oct 2013 to Oct 2014, if you need to extension beyond Oct 2014 you have to apply for PERM before Oct 2013. If your employer will file for GC only after you have worked with them for 1 Year on H1 it may not be possible as you will complete 1 Year with them on H1 only in Oct 2014 the employer should file it before Oct 2013.

Plan B : Two things, you cannot apply for a 30 Dec 2013 start date in April 2013 H-1B can be applied max visa six months before the actual start date of the visa/ So if you plan to start 30 Dec 2013 you cannot apply before 30 June 2013. Second part , I am not sure but from what I know of you are not eligible to apply for a new H1 before 366 days out of country.

I would suggest you talk to an experienced attorney to get details.

This is my opinion not legal advice.

[india2usa10]

Stay beyond 5 Years on visa

new question -

L1B visa expires in april 2013. (completes full 5 years on L1B)
if i leave US now in october 2012. (and work for third company in india for 1 year).
my company B will apply for visa in end of April 2013 with start date end of october 2013.

1. will i get full 3 years H1B visa ? or will i get only 1 years visa. will the stay
2. will the stay outside usa for 1 year reset the counter for H1B too or will the counter still on till it reaches 6th year ?

my thought is i will be able to get 3 years since i am physically out of USA for 1 Year even though my company b will apply for my visa after 6month of my depart of usa. as the start date is after 6 month.

Please help understand this ?

[raghvi]

new question -

L1B visa expires in april 2013. (completes full 5 years on L1B)
if i leave US now in october 2012. (and work for third company in india for 1 year).
my company B will apply for visa in end of April 2013 with start date end of october 2013.

1. will i get full 3 years H1B visa ? or will i get only 1 years visa. will the stay
2. will the stay outside usa for 1 year reset the counter for H1B too or will the counter still on till it reaches 6th year ?

my thought is i will be able to get 3 years since i am physically out of USA for 1 Year even though my company b will apply for my visa after 6month of my depart of usa. as the start date is after 6 month.

Please help understand this ?

In my opinion if you leave Oct 2012, in order to get fresh 3 Year H1, your H1 application should be filed only after Oct 2013. You cannot apply in April 2013, if you do, you will most likely get only for 1 Year. If 2013 Cap is finished by Oct 2013 you would be able to apply only April 2014 for a start date of Oct 2014. This is my opinion please discuss with your immigration attorney to get legal advice on the authenticity of the same.

[india2usa10]

In my opinion if you leave Oct 2012, in order to get fresh 3 Year H1, your H1 application should be filed only after Oct 2013. You cannot apply in April 2013, if you do, you will most likely get only for 1 Year. If 2013 Cap is finished by Oct 2013 you would be able to apply only April 2014 for a start date of Oct 2014. This is my opinion please discuss with your immigration attorney to get legal advice on the authenticity of the same.

company attorny is saying may OR may not get 3 year H1B, it is Likely to get 1 Year H1B.
who can confirm this for sure ?

[nachitek]

Counter Reset query...

Hi

I was in US for a little over 3 years from dec 2008 till Mar 2012 on L1 B. Came to India on Mar 24th 2012 --> Applied for H1B -->approved and stamped in Jan 2013.
I am planning to fly back on 26th March 2013 on the newly issued H1 valid till July 2015.

My question is: Since I would be spending 365 days in India, will I be eligible to extend my H1B for another 3 yrs in 2015? In other words, is my counter to stay in US reset???

Please help...

[raghvi]

Hi

I was in US for a little over 3 years from dec 2008 till Mar 2012 on L1 B. Came to India on Mar 24th 2012 --> Applied for H1B -->approved and stamped in Jan 2013.
I am planning to fly back on 26th March 2013 on the newly issued H1 valid till July 2015.

My question is: Since I would be spending 365 days in India, will I be eligible to extend my H1B for another 3 yrs in 2015? In other words, is my counter to stay in US reset???

Please help...

Most probably not. Though your 1 Year stay outside completes in March 2013, but in order to be eligible for fresh 6 Years H1 you should have applied for H1 after having completed 1 year not during that 1 Year period. So you should have applied after April 2013 with start date of 01-Oct-2013 in order to have got fresh 6 Year h1.

This is my opinion not legal advice.