Currently I am on L1A and visa expiring in Jun2023 and in US for past 6+years.
Now got H1 lottery selected for this year. There is so much of confusion and not getting clear answers from multiple lawyers. So my question is:
- Am I eligible to go for stamping for this year?
- or go back to India and wait till complete 360 days and go for interview?
- or Can I move my L1A to H1 staying in US itself.
thanks for your insights.
[quote=“H1L1, post:1, topic:93145”]
Am I eligible to go for stamping for this year?
You can go for interview immediately after your H1B petition approval but enter the US after spending 365 days get the full period of H1B stay.
This is documented in the CFR 214.2
(iii) H-1B limitation on admission.
8 CFR 214.2(h)(13)(iii)(A)
(A) Alien in a specialty occupation or an alien of distinguished merit and ability in the field of fashion modeling. An H-1B alien in a specialty occupation or an alien of distinguished merit and ability who has spent six years in the United States under section 101(a)(15)(H) and/or (L) of the Act may not seek extension, change status, or be readmitted to the United States under section 101(a)(15) (H) or (L) of the Act unless the alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the immediate prior year.