Hello,
I have been in the US on an L1B visa from March 2004. I will be leaving the US in March 2009. In these past 5 years, I have been in India (job + vacation) for 7 months. That makes my total time spent in the US 4 years and 5 months. I'd like to apply for H1B in April 2009.
Please let me know which of the following is true (assuming my application is selected in the lottery, if any, and is subsequently approved):
1. An employer applies an H1B for me in April 2009. I go to the consulate in India in October 2009, get an H1B visa stamped that's valid for 1 year and 7 months from October 2009. This also means I have to come to the US ASAP and apply for labor/GC within 7 months for me to be able to get an extension when my H1 expires.
2. An employer applies an H1B for me in April 2009. I go to the consulate in March 2010 (1 year continuous stay outside the US). I get an H1B that is technically valid for 6 years, because my one year stay outside the US has "reset" my L1B stay.
Thank you very much.
I have been in the US on an L1B visa from March 2004. I will be leaving the US in March 2009. In these past 5 years, I have been in India (job + vacation) for 7 months. That makes my total time spent in the US 4 years and 5 months. I'd like to apply for H1B in April 2009.
Please let me know which of the following is true (assuming my application is selected in the lottery, if any, and is subsequently approved):
1. An employer applies an H1B for me in April 2009. I go to the consulate in India in October 2009, get an H1B visa stamped that's valid for 1 year and 7 months from October 2009. This also means I have to come to the US ASAP and apply for labor/GC within 7 months for me to be able to get an extension when my H1 expires.
2. An employer applies an H1B for me in April 2009. I go to the consulate in March 2010 (1 year continuous stay outside the US). I get an H1B that is technically valid for 6 years, because my one year stay outside the US has "reset" my L1B stay.
Thank you very much.