Immigration Issues/Reactivate H1B

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Question
Hi,

I got an H1B from my current employer A in 2005 which was valid till 30th April 2008. I went back to India before 30th April 2008 without and my employer A filed an L1B for me and I came to US on L1B. Which is valid till Jan 2013(based on total 5 years on both H1B and L1B).

Now, can I reactivate my H1B which was valid till 30th April 2008 with a new employer B and get a COS so that I can work with new employer B. I have got mixed answers on this from my circle. Please guide.

Thanks,
Anil

Answer
Hi,

H1B status normally allows for aggregate of six years in H1B status, whereas L1B status normally allows for aggregate of five years. However, the 6 plus 5 cannot be combined to reach an aggregate of 11 years.

Employer B can file an H1B petition for you requesting change of status from L1B to H1B. However, the status granted by the USCIS will be valid for only one year. However, if you have been physically outside the U.S. for at least one year continuously at some point of time between 2005 and present, you would be entitled to another six years aggregate in H1B status.

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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