If I stayed only for 3 months on an H1 visa and it expired, is it possible to get an H1 based on the same petition?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I stayed only for 3 months on an H1 visa and it expired, is it possible to get an H1 based on the same petition?
I got H1B visa 5 years ago but I was in the US only for 3 months, then I returned back to India. My H1 expired 2 years ago and then my company filed an L1B for me. Currently I am on an L1B visa on assignment and soon will be moving out to another. Since I stayed only for 3 month on H1B visa, can I get H1 visa on the same petition, or what are the other options available to get an H1?
Asked on February 10, 2012 under Immigration Law, Illinois
Answers:
SB, Member, California / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can get additional time in H-1B status if you have not used up all of your status yet. Keep in mind that L-1 and H-1B time count toward the same maximum. Also, if that petition has already expired, a new petition would need to be filed on your behalf in order for you to get back into H-1B status and you would now be subject to the annual quota, meaning that the earliest time a new H-1B could be filed would be April 1, 2012 with a start date of employment of no earlier than October 1, 2012.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.