L1-H1 Transfer

Hello Team, My L1-H1 transfer was nominated while I was in Onsite USA. Meanwhile I Moved to India due to business justification. Now my company have Applied for L1-H1 transfer Visa currently iam in India. Does it make any difference Please clarify as soon as possible as my documentation is already under process.L1-B visa is already expired, I-94 also not valid as iam already in india. i have spent 4.5 years in USA on L1-B and even after visa expiry i was working on I-94 status. ThanksSrikanth

H1 process will continue and you need to get it stamped. There is no such thing called transfer. You will fall under quota for this year and lucky to be picked by lottery if the applications are more than 65000.

Hi Thanks for your responce. i have got my visa stamped for 1 year 5 months. now as i have stayed out of USA for more than 1 year. if i travel to USA next month will i be eligible to stay 6 years of H1 B cycle? any thoughts?

Hi,

I’m under the same situation like you. As per my employer, since H1 was filed as Change Of Status(COS), all stays prior to H1 approval would count towards the 6 year limit - in your case you will have 1.5 yrs left to stay. Where as, H1 will still have its own 6 year quota left(that is, any H1 extn will go under cap-exempt).