I have few questions related to H1B (with combination of L1B).
Request you to help me by answering them.
My stay details in USA along with Visa Type are below –
|Entry to US
||Exit from US
||Duration of Stay
||4 Years, 9 months
|1 month of vacation and stamping of H1B in India
||1 Year, 2 months
||H1B was filled in April 2018 (under consular processing), when I was in USA on L1B Visa
- By looking into my USA stay details, Can I file extension of H1B by staying in USA? Or I have to leave USA, assuming my H1B got max out with combination of L1B and H1B stay.
- If answer of above is ‘I have to leave USA’ – when can I re-enter back? For re-entry, will I have to apply for H1B in cap exempt (to claim remaining 5 years) Or have to file again in H1B cap (to get 6 full years)?
- If answer of above is ‘File again in H1B cap’ – Am I eligible to file in 2020 H1B Cap? With understanding that I will leave USA before 25-March-2020 and enter back after 26-March-2021 (by respecting 365 days of cooling period)
- During cooling period of 365 days, can I enter in USA on business/visitor trips (on B1/B2 visa) or H4 visa (as my spouse will be in USA on her own H1B for next few years)?
- If I enter in USA (on B1/B2 or H4) during cooling period , will my cooling period extend for USA stayed days Or will it start again for staying out of USA for 365 days from date of my exit from USA (of B1/B2 or H4 visa entry)?
- If my company transfers me to Canada (Vancouver), on valid work permit –
a. Can I enter USA every weekend to see my family (I will have my own H4 visa based on my spouse’s H1B visa or I may get my own B2 visa stamped)
b. With employed in Canada (on company’s payroll) – For couple of days in month, Can I
work remotely from Seattle, USA? (assuming I entered USA on H4)
Appriciate Kumar for real quick turn around. Your shared recapture link is helpful but it focuses
more on recapturing H1B’s unused period which were approved more than 6 years prior. That is not case for me.
My H1B is approved in 2018 only. But twist in my case if that -
- I used H1B along with L1B (after spending 4 years and 9 months on L1B)
- I applied for H1B by being in USA on L1B (I mean, I haven’t completed cooling off period yet in last 6 years)
By considering above two points, please suggest that -
- Am I still eligible for using H1B for remaining 5 years by continuing my stay in USA? (I mean that should I file extension? My company will not file extension just to recapture 1 month of my vacation to Indian - Jan 19 to Feb 19).
- If I am not eligible for continuing my stay in USA (as I continued my stay on H1B, after utilizing 4 years and 9 months on L1B) - Request you to help by answering remaining questions (2 to 6) of original post.
Thanking you in advance for your help and guidance.
H1B Visa is a different visa from L1B visa. So, your time spent on L1B does not count towards the 6 year time limit of H1B. You technically get 6 Years on H1B, you can see that in the article with official screenshot. But, the catch is you can only stay in US for 6 years at a stretch on H1B, After that you need to leave for a one year cool off period. Your time spent on H1B, L1B will be counted towards that 6 years stay…Now coming to the re-capture of your 5 years that is unused on H1B, you can… This is a common practice, where users switch between H4 and H1B and work around their system…Of course, here it is L1, but the same logic applies. I recommend you can double check with an attorney, before making any decisions to be sure…
Thanks again, Kumar. You are too fast
So, you are suggesting to recapture remaining 5 years of H1B after staying away for 1 year. Correct?
Yes, that is my understanding. I suggest you double check with an attorney as well.