1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

H1b Visa Validity After L1b To H1b

Discussion in 'Nonimmigrant Visa Validity' started by Rehat, Jul 17, 2015.

  1. Rehat

    Rehat New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    Hi Ron,
    I am in my 5th year of L1b Visa which will end in Jan 2016. I got selected in lottery this year and H1B petition got approved with CP last month whose expiry is in Nov 2016.
    Considering the situation that if I leave country now in Jul 2015 after completing 4.5 years on L1B and remain outside for more than 1 year ( so I didn't use H1B so far).
    For my return:
    1) On 1 Jan 2017, will I be H1B cap-exempt or not (petition is already expired)?
    2) If I will be cap-exempt, for how long can I stay on H1B: 1.5 years after deducting L1B Stay or FULL 6 years if clock is reset as I remain outside US for 1 year?
    Thanks a lot for your time and support.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    You will only b e cap exempt if you hold H1B status (after October 1st) or get an H1B visa.
     
  3. Rehat

    Rehat New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    If I hold H1b status after October 1st and I go out of country and come back after an year, will my clock gets reset or will I get my remaining days only.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    You have a choice. You may come back as a cap exempt H1B and take the time remaining under the six year limit or you can elect to reset the clock and come back as a cap subject H1B.
     

Share This Page