Need some advice please - L1 to H1 B Status Change

[shiva_yp]

Hi

I have tried browsing through the forums for some thread already posing a similar question, but was unable to find it. Hence posting my question now.

I am currently on L1B and my Visa is valid till June 2008 ( PED valid till Dec 2008 ). I was first issued an L1B on Jan 2003 - which makes it 3 yrs now with this visa. Now, I am currently being approached by Companies who are willing to sponsor H1B for me this April, 2006 which would make me eligible to work from Oct 2006.

I understand a person can stay on H1B in the USA for a maximum period of 6 years without applying for GC or without getting clearance for GC. Since I was already on L1B from Jan 2003, if I apply for H1B this year and start working on H1B from Oct 2006, it would be almost 4 years since I came to the US (barring around 9 months I was India).

So my question is, would the L1B tenure also be counted along with the H1B tenure I stay in the USA ? Meaning, Can I stay in the US only till Jan 2009 with a valid H1B visa without getting my GC since 6 years would elapse by Jan 2009 ?

Also, if I apply for H1B in April and say it gets approved by July 2006, Can I still continue working on L1B Visa with my current employer till OCt 2006, since that is the eligible date to start working on H1B? Or should I quit my job with my current employer and still stay in the USA till October ?

Please help me understand how I can proceed here. Any help will be useful.

Thanks

 

[GotPR?]

Meaning, Can I stay in the US only till Jan 2009 with a valid H1B visa without getting my GC since 6 years would elapse by Jan 2009 ?

No. you can not stay more than 6 years total.

Also, if I apply for H1B in April and say it gets approved by July 2006, Can I still continue working on L1B Visa with my current employer till OCt 2006, since that is the eligible date to start working on H1B? Or should I quit my job with my current employer and still stay in the USA till October ?

You can work with L1 til H1 start dates comes.

 

[shiva_yp]

L1 to H1 status change question

Thanks much for the information.

Another quick clarification. By referring to H1 starting date - are you mentioning about the start date that would be mentioned on my Visa or Oct 01, 2006 ?

And why is L1 stay and H1 stay in the US clubbed together ? Since I am moving from L1 to H1, won't the duration I stayed in the US on L1 just not be counted in the total of 6 years ?

Thanks again.

 

[GotPR?]

Another quick clarification. By referring to H1 starting date - are you mentioning about the start date that would be mentioned on my Visa or Oct 01, 2006 ?

I'm referring to start date on H1 approval notice.

And why is L1 stay and H1 stay in the US clubbed together ? Since I am moving from L1 to H1, won't the duration I stayed in the US on L1 just not be counted in the total of 6 years ?

I do not know why they made it that way, but that is the rule.