L1- H1 -- Need your advise ...

[bujji_d]

Dear experts.. Need your advise..

I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries

1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )

2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?

3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?

Assuming applying L1 is not going to be invalidate my H1 papers,
4) If I go for L1 stamping, will it invalidate my H1-B papers?

5) If I come to US on L1, is it possible to change status to H1?

Any help will be greatly appreciated.

[kaisersose]

Originally Posted by bujji_d

Dear experts.. Need your advise..

I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries

1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )

2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?

3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?

Assuming applying L1 is not going to be invalidate my H1 papers,
4) If I go for L1 stamping, will it invalidate my H1-B papers?

5) If I come to US on L1, is it possible to change status to H1?

Any help will be greatly appreciated.

1) Possibly.

2) The visa wil lbe given for the validity of the petition. But for your clock to reset, do not enter the US until it is a full year after you left. .

3) Just applying will generally not do anything since you have not yet joined the H employer. You will have a choice at the port of entry to pick a visa. It is possible the other visa may be canceled at the port of entry.

4) Answered in 3

5) Yes. You can take your chances wth next year's lottery or you can travel outside and enter with your H visa. I would say do not get your H stamped yet. Save it for an emergency. That way there is no risk of it getting canceled because you used a L.

[gcpadmavyuh]

The maximum time allowed on H1B is 6 years, this includes the time you spent on L1. This is the reason why you have been given H1B that is only valid for 1 year.

On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.

Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.

1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.


2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.


Here is what I would suggest for your case:

Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.

This is the best case scenario that I can envision for you.

Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.

You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.

Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.

If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.

Originally Posted by bujji_d

Dear experts.. Need your advise..

I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries

1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )

2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?

3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?

Assuming applying L1 is not going to be invalidate my H1 papers,
4) If I go for L1 stamping, will it invalidate my H1-B papers?

5) If I come to US on L1, is it possible to change status to H1?

Any help will be greatly appreciated.

[Rajeev]

The maximum duration allowed on L1B is 5 years where as on L1A, it is 7 years. On H1B it is 6 years. Duration spent on L1 is counted with the duration spent on H1 and vice versa.

Originally Posted by gcpadmavyuh

The maximum time allowed on H1B is 6 years, this includes the time you spent on L1. This is the reason why you have been given H1B that is only valid for 1 year.

On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.

Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.

1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.


2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.


Here is what I would suggest for your case:

Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.

This is the best case scenario that I can envision for you.

Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.

You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.

Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.

If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.

[kaisersose]

You should also consider the GC factor. If your L employer is willing to sponsor a GC, then that is terrific.

You can come into the US in Jan 2008 on L-1A, apply for your 140/485 in Feb 2008 (labor is not required for EB1 and the PDs are current) and you should have your GC by Jan 2009.

On the other hand, if you come here on a H visa, you may not have a GC even during 2019!

Weigh your options and plan accordingly.