Question on L1B

[Jay777]

Hello,

I am on L1B visa currently and I will be completing full 5 year term on this Visa by Jul 2012this year. I would like to go back to India for an year and come back on H1 as I will need to out of country for an year. So that I will get 5 or 6 years again when I come back

But, I am confused when to leave US this year? Eventhough I apply H1B in Apr 2013 from India, the approval from USCIS will be around Oct 2013 and I would be able to travel to US only after Oct 2013. So, Is it fine if I move out of US this year after Apr 2012 and I still will be counted as out of country for an year?

Appreciate your inputs

Thanks

[diptam]

Jay,
Don't understand your question fully but if you leave on Apr 2012, your 1 year will be complete after Apr 2013. But your approval will come in Oct 2013 and considering that business is slow in Nov & Dec it will probably become Jan 2014 to comeback.

There is another legal thing which you can do, I hope this is possible these days. L1B is valid June 2012 means H1B will be valid till June 2013 (6 yr instead of 5 in L1B) plus any Vacation days Out of US in last 5 years in case you switch to a H1B employer quickly now under premium processing (15 days) - I assuming the 85K H1B quota for 2011 is not filled yet - right ??

Then join the H1B company quickly and apply for a Perm Labor before June 2012. The moment your Perm Labor is pending more than 365 days you can apply for 6 yr H1B extension to 1 extra year. Alternatively if you are lucky , your I-140 could also be approved with June 2013 and then you can extend the 6 year H1B to straight 3 extrs years in one shot.

In this way you never have to leave US - you remain in status continuously.

The basis of my all my words is that you have a strong employer and a job offer on H1B who is willing to file and offer your employment right away.

Regards,
Diptam


Hello,

I am on L1B visa currently and I will be completing full 5 year term on this Visa by Jul 2012this year. I would like to go back to India for an year and come back on H1 as I will need to out of country for an year. So that I will get 5 or 6 years again when I come back

But, I am confused when to leave US this year? Eventhough I apply H1B in Apr 2013 from India, the approval from USCIS will be around Oct 2013 and I would be able to travel to US only after Oct 2013. So, Is it fine if I move out of US this year after Apr 2012 and I still will be counted as out of country for an year?

Appreciate your inputs

Thanks