L1-h4-h1

[aspengal]

What is the name of your state (only U.S. law)? IL

Dear Lana,

Kindly clarify my question. Below are key dates.

1st L1 approval date : Jun 2003
1st US arrival date : Jan 2004 (and on a payroll in US since then)
L1 Extension date : July 2006-July 2008
Changed to H4 October 2007 till current

Questions

1. I have been on a US payroll only for 36 months. The rest have been on H4. Am I even eligible for the H1 quota in 2009?

2. If I apply for H1 in Jan 2009 then when is the earliest I can start working? When would I get the receipt? is it in after April when the freeze the application process?

Thanks!

 

[ImmigAttyLana]

If you were in L-1B status, you have a maximum of 5 years in that status. In H status, you are allowed a maximum of 6 years. The L and H times count toward the same maximum. You'd max out of your 6 years in January 2010 according to your post, I believe. You are subject to the H-1B quota and the earliest a petition could be filed would be April 1, 2009 with a start date of employment of no earlier than October 1, 2009.