H1B Visa Validity of 6 years Question

USA H1B Visa
1

Hi, I am currently in L1 visa and have completed 3 years. I tried to convert from L1 to H1 in 2013 April but didn’t succeed in lottary system. Meanwhile my existing employer filed an extension of L1 visa. I received a RFE. I am planning to respond RFE but I see very less chances of extension getting approved, looking at the current trend of L1 visa. I might have to go back to India by Dec 2013.

I am hoping to apply for H1 again after i go back in 2015 CAP that begins on April 2014. My questions are:

 

1. If I get H1B in 2014, I assume I would get it for 2 yrs X months (6 yrs total - 3 yr X month I already spent on L1).  Could this duration create any problem when I have to apply for H1B extension ? Is that a good idea to go for H1B in April 2014 or shall I spent one full year outside USA ?

 

2. I was reading some article about H1B and read about EVC and EC model. Can someone explain that team in detail ?

 

Thanks
2

  1. Yes, you will get H-1 for the shortened duration. However, if your GC is filed and reaches a certain stage, then H-1 can be extended beyond the 6th year as well.

  2. When your H-1 employer has direct contract w/ the end client, it is EC (employer-client). If there is a vendor in b/w then it is EVC. Typically, EC model has better approval chances than EVC model. There is also a EVVC model.

3

Saurabh,

Thanks a lot for answering the question.

More on Question 1, Is there any article available on redbus2us which provides details on various stages of GC and provides more insight into the “certain stage” that you are talking about ?

Thanks again.

4

There is no article. If by the end of 6th year

  • your PERM has been pending for >365 days => you are eligible for 1 year extension
  • your PERM is approved but I-140 has been pending > 365 days => you are eligible for 1 year extension
  • your PERM and I-140 are approved => you are eligible for 3 year extension