Urgent help with L1 to H1B Conversion affect stay in US.

[sanam00]

hello All ,

l Came to us in 2005 on l1. Then transferred to h1 in 2009. Was in India for one from 2010 till 2011. Came back in 2012. My combined l1 plus h1 6 years end in jan 2013. As I was out of us for 1year does my 6yr reset and I can get extension or do I have to go back as the time is up.

Need any clarification and what is the way forward .

thanks !

[raghvi]

hello All ,

l Came to us in 2005 on l1. Then transferred to h1 in 2009. Was in India for one from 2010 till 2011. Came back in 2012. My combined l1 plus h1 6 years end in jan 2013. As I was out of us for 1year does my 6yr reset and I can get extension or do I have to go back as the time is up.

Need any clarification and what is the way forward .

thanks !

If your L1+H1 tenure in US has completed 6 Years of physical stay in US then you would need to be out of US for one full Year before being eligible for a fresh H1 petition.

8CFR 214.2(h)(13)(i)(B) says:

When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections 101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification

This is my opinion not legal advice.

[sanam00]

During the tenure of this 6 years I was out of the country for one year does that count or is it irrelevant?

[abhishek78]

During the tenure of this 6 years I was out of the country for one year does that count or is it irrelevant?

Not a legal advice, but from my understanding, as you've stayed in India over 1 yr (12+ months), your 6 yrs count shouldve gotten reset. Current one will count from your latest entry to US (assuming you are still in US).

[VI001]

hello All ,

l Came to us in 2005 on l1. Then transferred to h1 in 2009. Was in India for one from 2010 till 2011. Came back in 2012. My combined l1 plus h1 6 years end in jan 2013. As I was out of us for 1year does my 6yr reset and I can get extension or do I have to go back as the time is up.

Need any clarification and what is the way forward .

thanks !

If you were not in US from 2010 to 2011 that period will be not accounted while calculating 6 year limitation.

[sanam00]

Thank you all for replying back, my l1 +h1 is 6year however in 2009, I got my h1 approved within 2 months of approval I moved out of us, was out for over a year and after completing 1 year went for stamping and then returned. Yes from 2005 till 2009 I was on l1, I was curious with me having spent a whole year out and then getting h1 under 2009 cap will my 6 year not be counted from 2009 when I got my h1?