H1 Visa Validity

[nag1d]

I am currently on an L1-A visa for the past 3 years (since September 2003). I am due to get back to my native country in February 2007. I plan to process a new H1 in October 2007 through a new employer and return to the USA in December 2007. I have two questions -
1) I would like to know how long my new H1 will be valid for. Will it be valid for 6 years or will it be valid for 2 years considering that I have already spent 3 years on L1 and less than a year outside the USA.
2) My current L1 has been extended until July 2008. Since I am leaving the US earlier than that, will it get cancelled automatically on my day of departure. I would like to know how the 6 year period for a new H1 will be calculated specifically in this case.

 

[GotPR?]

Filing H1 in Oct is too late. You have to file it in April or at the latest mid May to grab the quota.

1) you'll get 3 years.
2) It won't cancelled automatically, but won't affect your H1 either.

 

[mgupta333]

need urgent help

Came to US in Feb 2005 in H-4. Converted to F-1 in July 2005 . I am working on OPT now. Degree Conferred.

OPT valid - August3 2006 - August 2 2007
Company is applying for H1B in April 1, 2007 in premium processing. Hopefuly I will get my approval by April 30, 2007...and H1 employment date starts October 1, 2007.

I will out of payroll between August 3 and Spet 30 2007.

Problem: I need to vist India in MAy 2007. I will be taking visa appointment in MAy for H1 stamping. ( I never traveled India after I was converted to F-1 from H4).

Question 1: Since only 3 mths of my OPT is left and my H1 is approved so I will need an H1 stamp rather than F1, am I right? I know it is not advisable to travel during OPT. BUt since I have my H1 approved is it ok if I travel ?

Question 2: Is it ok if I get the stamping done 5 mths prior to my employment start date (i.e oct 1, 2007). (Note: in May my OPT validity is still on)

Question 3 : Assuming my visa is stamped.Will there be any problems during entry; as in I will be returning in June to complete my OPT with an H1 b stamp in my passport (for Oct 1, 2007).

It would be really helpful if you could guide me in the right direction.