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Time in the U.S. on L-2 visa will not count against the six years the law allows the applicant to work in the U.S. on H-1B visa. The USCIS approves H-1B status for professional workers in up to three year intervals. If the applicant was unemployed or out of status between H-1B jobs, the USCIS would count that time.
Temporary presence in the United States as a student on a F visa, J visa, M visa, or Q visa. It is possible to exclude only the first five calendar years of presence from the Substantial Presence Test. Also, it is possible to use the exemption at most 5 times. Temporary presence in the United States as a teacher or trainee under a J visa or Q visa.
The L-1 visa has two subcategories: L-1A for executives and managers, valid up to 7 years.; L-1B for workers with specialized knowledge, valid up to 5 years; After the expiration of the 7 or 5 years respectively, the foreign national can generally only qualify for L-1 status again by working abroad for at least 1 year for the parent, subsidiary, affiliate or branch office of the U.S. company.
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There are two different ways a person can obtain H-1B1 status necessary to start a job on H-1B1: [4] The worker can apply for a H-1B1 visa at the home country consulate (nationals of Singapore can apply for a H-1B1 visa only at the U.S. Embassy in Singapore, and nationals of Chile can apply for a H-1B1 visa only at the U.S. Embassy in Chile).
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Labor Condition Application. The Labor Condition Application (LCA) is an application filed by prospective employers on behalf of workers applying for work authorization for the non-immigrant statuses H-1B, H-1B1 (a variant of H-1B for people from Singapore and Chile) and E-3 (a variant of H-1B for workers from Australia).
Priority date is a United States immigration concept – it is the date when a principal applicant first reveals his or her intent of immigration to the US government. For family-sponsored applicants, the priority date is the date an immigration petition, filed on behalf of him or her, is received by the United States Citizenship and Immigration Services (USCIS).