I was in US for 5.5 years on L1B Blanket visa, starting Feb 2007 till 4 Jun 2012. I am now in India since 5 Jun 2012. In the provided time period, I have exhausted all my 5 years tenure of US stay on L1B Blanket visa.
I have a couple of questions:
1 . I want to apply for H1B visa in Apr 2013, can I apply for it, as it is less than 365 days since I am out of US now?
I think there is a 365 days criteria, according to which I need to stay out of US for 365 days to apply for a New visa. There is a catch there that the maximum time line of US stay on L1B Blanket is 5 yrs and the maximum time line of US stay on H1B is 6 yrs.
2. Though I will apply for H1B visa in Apr 2013, but the H1B visa will be stamped sometime in Oct 2013 (by the time, it will 15 months of out of US stay for me). In this case, whether I will get H1B stamped for 1 year (remaining 1 year out of 6 years) or 3 years (treating me as a new H1B holder)?
Your suggestion will be appreciated.
Thanks
Katie
Even though the H-1 is being applied in April, it will have a start date of Oct 2013. By that time you would have spent 1 year outside US. So it should be fine.
You will get the visa stamp for the duration of your H-1 petition. So if the H-1 petition is approved for X years, you get visa stamp for X years.
Hi Saurabh
I am slightly confused on whether my US time stay will reset or not, because I will apply in the month of Apr 2013, which is 10 months outside US for me. I searched for the criteria thru internet and everywhere it is said that a new visa can only be applied if the associate stay out of US for 365 days. Though this criteria is mentioned for the associates who exhaused their 6 years of stay in US H1. My case is a specific with a blend of L1 and H1.
It doesn’t matter whether it’s just H-1 or mix of L-1 and H-1.
IMO, although H-1 will be applied in April, it will become effective from Oct by which time you will have completed 1 year. You can check w/ an attorney to get the correct information.
How did you resolve your concern. did you get extension after reaching USA as per your cool off period accordingly… Please guide… iam also in similar situation like you …your advice would be great help…
How did you resolve your concern. did you get extension after reaching USA as per your cool off period accordingly… Please guide… iam also in similar situation like you …your advice would be great help…
Please suggest how did you resolve your problem iam also in same boat.
i lived in USA on L1-B for 4. 5 months. when i applied as soon i came india for H1 B i got petition only for rest of period to calculate 6 years. but if i plan to travel to USA after 1 year cool off period. will i be eligible to apply for extension for 3 years based on my outside stay of USA.
Please suggest how did you resolve your problem iam also in same boat.
i lived in USA on L1-B for 4. 5 months. when i applied as soon i came india for H1 B i got petition only for rest of period to calculate 6 years. but if i plan to travel to USA after 1 year cool off period. will i be eligible to apply for extension for 3 years based on my outside stay of USA.
i got Approved H1 B petition for 1 year 5 months. based on that i got stamping also done now till march 2017. i plan to travel to USA soon. do you think iam eligible for fresh stay of 6 years as my travel to USA is after 1 year cool off period. please clarify.
Your H-1 was applied before the 1 year cool-off period, correct? So your clock is not reset. But you can check w/ attorney as well. Maybe post on avvo.com