Immigration Issues/H1 TO L1, L1 TO H1

Advertisement


Question
Currently I am on H1 for last 9months and my company wants me to change from H1 to L1. On this regard I have couple of questions.
1)I worked on the same company in India for 8months before coming to the same company on H1. In order to process for L1B should I go back to India and get L1B stamped and come as I worked only 8months in India?
2) Whether for the 5 years duration of L1B , my stay of 7months on H1B will be counted?
3) After completion of L1B, Can I go for applyin H1B again in the same company in order to stay more?

Answer
Hi,

You would need to have worked for the company in India for at least one year during the past 3 years in order to be eligible for L1. Therefore, if you go back to India and work for another four months, the U.S. company can file L1 petition for you.

The 7 months you spent in H-1B will be counted towards the 5 years limitation for L1B. H-1B status allows an aggregate of six years in H-1B and/or L1 status combined.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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.