Gain Days on L1B


My L1 visa expires on Jun 20th 2016. I have form I140 approved in my Green card process in eb3 category.

My company had filed for H1B last year in standard processing. But dint go through in Lottery. They are going to file for H1b this year in Premium. Is there any difference filling in Premium vs Standard.

My Question here is can I gain the days I was away from US ( On vacations to India) during the 5 years stay in US on L1 Visa. I have 150 odd days away from US during this 5 years.

Kindly confirm this can be done.

Yes, they can file for extension to recapture those days.

Your H-1 cannot start prior to Oct 1. If you can recapture those days, you may be able to continue to stay inside US and get H-1 from Oct 1 (pending lottery selection). Your I-140 approval will then help w/ H-1 extensions beyond the 6th year.

The only benefit of filing in premium is that you would know the result early (15 calendar days). This would give you and your employer ample time to plan for things in case you don’t make through lottery or petition gets denied. It doesn’t improve your lottery chances though.

HI Saurabh,

THank you for your reply.