L1b Expires Aug 31, 2021. Do I need to leave USA for Sept 2021 month gap for new H1B?

[RajPlano 0]

Hello all,

 

I am in tricky situation and need some advise. I work in multi-national IT company here in Dallas, TX. I am here in L1B visa (came in Nov 2016) and continuously here since then. My visa expires on Aug 31, 2021. My wife too works under her L2 EAD visa with different employer. If I get an H1B (from my current company or new sponsorship company) + if that H1B gets approved (luckily), what will happen after Aug 31st 2021 as H1B work start date is usually Oct 1st only. Do I have to leave the country for 1 month gap (Sept 1st to Sept 30th, 2021)? What are my options? 

GC is not even initiated yet
i94 expired Aug 31, 2019 (2 years ago)
Current L1B visa expires on Aug 31, 2021
I have valid B1 visa from same employer valid till 2025 but my wife and kids do not have B1 or B2

2nd question: Is it true that this new H1B will be given with only 1 year validity and not beyond as am in the US for 5 years continuously in L1B visa.

Can someone advise?

 

Regards,
Raj
Dallas, TX
 

[Coco8 1,042]

1 hour ago, RajPlano said:

 

2nd question: Is it true that this new H1B will be given with only 1 year validity and not beyond as am in the US for 5 years continuously in L1B visa.

 

The H1B has a 6 year limit and the time you were in L1B counts towards that. You've been in the US 5 years? So you will only have a year.

 

I'm surprised your employed does not care. Why aren't they doing the GC? The only way to extend this is doing the GC. Also, under H1B, your wife won't be able to work, so that's another potential problem for you.

 

You need to press your company to do the GC for you and make plans. India has very long queues for Green Card as well and I don't know how that works. Otherwise, you have to start making different plans, because you don't want to find out that you have to leave the country in a short period of time.

 

There are short term extensions for H1B but only if you have a pending green card application. As I said, I don't know how it works if your green card takes longer than that short time. 

 

Edited January 28, 2021 by Coco8

[aaron2020 11,651]

Talk to the company's immigration lawyer.

Once your L1B expires, you will be out of status.  You can not wait in the US and switch to the H1b visa because you will be out of status.  You and your dependents will need to leave the US.  You and your dependents can return on your H1b visas and their dependent visas.

You will only get 1 year with an H1B.  6 years total for L1B + H1B.
 

 

 

Edited January 28, 2021 by aaron2020