H1B - Total Period valid for my case ?

[bosesandeep]

Hi,
My 1st visa was L1B, which I consumed 3 years. My company then applied for a New H1B (with I-94) . I stayed in US for another 1 year. So In total L1+H1 = 4 years. I then went out of US, for around 19 months. I now came back to US and my petition is in amendment & extension.

So am I allowed to stay for 2 years only ? max L1+H1 = 6years

OR

I'm allowed to stay for 5 years (as I had utilized only 1 year of H1B earlier and clock has reset as I was out of USA for more than a year) ?

Thanks,
SB

[raghvi]

Hi,
My 1st visa was L1B, which I consumed 3 years. My company then applied for a New H1B (with I-94) . I stayed in US for another 1 year. So In total L1+H1 = 4 years. I then went out of US, for around 19 months. I now came back to US and my petition is in amendment & extension.

So am I allowed to stay for 2 years only ? max L1+H1 = 6years

OR

I'm allowed to stay for 5 years (as I had utilized only 1 year of H1B earlier and clock has reset as I was out of USA for more than a year) ?

Thanks,
SB

Only 2 Years. The fresh 6 Years is given only if one applies fresh petition in new cap after staying out for more than a year. Though you stayed out for a year, but you still using the old petition, hence previous stays would be counted.

This is my opinion not legal advice.