I am on L1-A through employer A and will be completing my 7 years on April 30,2018.I have been working with employer B who agreed to sponsor my green card and H1B simultaneously .My H1B didn't come in lottery ,however I reached till the level of I -140 and got it approved with a pd - July 2016.Now I have couple of questions.
1. Can I file fresh h1B as consular by employer c,It has to go through as a lottery as I was never on H1 status for all the 7 years. Is it even possible this year or I need to spend one year abroad.
2. If I do need to spend 1 year abroad ,is it applicable at the time of filing ,which is April 1 or time visa becomes functional -Oct 1.I ask you this as I have visa till april 30 ,2018 ,so should I leave on March 30 or can leave on April 30 to file for H1B on April 1 ,2019.
3. My wife has H1 and my company is planning me to send to canada .In that one year ,can I make short trips on H4 (say about a week or so) without affecting the 365 day period as it says during one year you can make trips for business and pleasure.
You have some very specific questions that should be asked to your attorney in private. Generally you need to have 1 year abroad after max out L visa before applying for H-1B visa.
If wife has H-1B, have you considered H-4 and EAD, then free to change employers, etc. and not subject to max. If changes to that policy obviously have to look at other options but for now that may be your most expedient, but still have to meet 1 yr abroad before new H or L visa and yes it must be a full year.
Not clear what you are stating about I-140 or if might qualify for AC21 extension, but need to know more facts.
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Let's start with you telling us what the company's lawyer and NOT some NON-ATTORNEY in HR said when you asked him/her these questions.
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I am sure respective companies have lawyers handling their immigration filings. You can consult with them.
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