You are here:

Immigration Issues/New H1B visa after L1 maxout

Advertisement


Question
I am currently statying in US under L1B visa with my wife (L2 Visa). The expiry date of the visa is Jan 2014 but I will have my maxout of 5 years in July 2013.
I am planning to go to Canada in July 2013 and work there in a different branch of my client. My question is:

Can I apply for a new H1B visa for US in 2014 and enter back US in October 2014 if it is approved
OR
Do I need to wait for 1 year after the maxout for the clock to be reset. In that case I cannot file for H1B in 2014 since July 2014 will be late for filing and have to do it in 2015.
Please let me know which one is correct.

Answer
Hi,

There is a maximum period of 5 years allowed in L1B status, and 6 years allowed in H1B status, but time spent in L1B is counted towards the 6 years allowed for H1B. Thus, an H1B petition can be filed in April, 2013 (due to visa cap issues, it cannot be filed earlier, as the visa cap has already been reached this year) requesting employment from Oct. 01, 2013 (again, due to visa cap issues) until July, 2014. Unfortunately, H1B cannot be extended beyond July, 2014 without departing the U.S.

Alternatively, you can depart the U.S. for one year continuously, which will reset the 6 year clock for H1B. However, you will still be subject to the visa cap when an employer files an H1B petition for you. Since you must be physically outside the U.S. for one year before the H1B petition can be filed by the employer, you will probably want to depart the U.S. in March or April, 2013 so that you have spent at least one year abroad when an H1B petition is filed for you in April, 2014. As you realize, it is best for a cap-subject H1B petition to be filed at the beginning of April to maximize probability of inclusion within the visa cap.

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


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.

©2016 About.com. All rights reserved.