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Immigration Issues/Eligibility for new H1B in Apr 2013

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Question
Hello,

I completed my 6 years of H1 and 1 year of L1A continuously from Jan 2005 - Jan 2012. My 7 years period and L1A Visa ended on Jan 10th 2012. I has to convert to H4 because of my personal reasons and stay in US till July 2012. I am out of the US now.

My question is

1. Can my company apply for L1A after Jan 10 2013, since it marks 365 days of my Visa expiry in 2012 ?
2. Can I apply for a new H1B in Apr 2013 whose validity starts from Oct 2013 since it will complete 365 days from July 2012 when I left the country.
3. Do I have to wait till July 2013 or 365 days after leaving the country to apply for a new H1B(if the cap is still available).

Thanks,
Krishna Beri.

Answer
Hi,

You will be subject to the H1B visa cap, unfortunately, so you your company should keep that in mind when deciding upon L1A or H1B. It should be OK for the company to file an H1B petition for you with the USCIS in April, 2013 requesting employment start date of Oct., 2013, as you will have been absent from the U.S. for at least 365 days by the time the H1B petition approval notice takes effect in Oct. 2013.

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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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