Hi,
Background Information
I came to the US in 2008 on L1B visa. The L1 visa expires in August 2011. My employer's attorney is ready to apply for an H1 for me. So I can either apply for a new H1 visa, or get my L1 visa extended.
Questions
- Should I file for an H1, go to India, get it stamped and come back?
- If I get my L1 visa extension, would that be for 2 years of 3 years?
- If I get my H1 stamped, would this H1 visa be valid for 3 years or 2 years?
- If my employer hasn't filed for my green card for the next 2-3 years, would I have to go back to India once the visas run out? Or is there a provision where I can keep filing for visa extensions even though my Green Card hasn't been filed?
I am a newbie for such immigration related issues. Please pardon my ignorance.
-Arvind
Do you qualify for an H1-B?
H and L time gets lumped together for the maximum stay limit and qualified "L" employees will be allowed a maximum initial stay of three years. For all L-1B employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of five years.
As an H-1B nonimmigrant, you may be admitted for a period of up to three years. Your time period may be extended, but generally cannot go beyond a total of six years, though some exceptions do apply under sections 104(c) and 106(a) of the American Competitiveness in the Twenty-First Century Act (AC21).
8 CFR 214.2
(h) Temporary employees
(13) Admission —(i) General. (A) A beneficiary shall be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends. The beneficiary may not work except during the validity period of the petition.
(B) When an alien in an H classification has spent the
maximum allowable period of stay in the United States, a new petition under sections 101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification. Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad. A certain period of absence from the United States of H–2A and H–2B aliens can interrupt the accrual of time spent in such status against the 3-year limit set forth in 8 CFR 214.2(h)(13)(iv). The petitioner shall provide information about the alien's employment, place of residence, and the dates and purposes of any trips to the United States during the period that the alien was required to reside abroad.
Talk it over with the lawyer.
