Immigration Issues/L1 to H1 and GC

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Question
Hi, I am currently in L1 visa (currently running 5.5 yr out of 7 yrs). I had filed H1 visa in 2008 and was approved.I never worked on H1. But in month of October 2008, I had to go to India and restamped my extended L1 again and restablished my L1 status.
My question is
1.Can I re-activate my approved H1b? If so How?.
2.If I re-activate it, since I am already completing 5.5 yrs (out of 7 yrs available for L1) in US, what will be the tenure I will be getting.
3. Can I re-activate H1B and start my GC processing?

Answer
Hi,

You can activate H1B status by applying for H1B visa stamp at a U.S. Consulate in your home country based on H1B approval notice issued by the USCIS.

You can remain an aggregate of six years in H1B status. However, the time that you have spent in L visa status counts towards the six years. Thus, the H1B visa stamp issued by the Consulate will be valid for only six months. It can be for a longer period of time if you have spent time outside the U.S. while in L visa status. Thus, if you have spent one year outside the U.S. while in L visa status, the H1B visa stamp could be issued with validity date of 1.5 years.

The green card process is initiated through the filing of PERM (also known as application for employment certification), and can be started even if you are not currently employed by the sponsoring employer. Additional information is here: www.h1b1.com/laborcert.htm

You can contact our law firm at 212-268-3580 during business hours, or email info@h1b1.com for additional guidance.  

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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