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Total years eligible to stay in US: - Exit L1B and re-enter H1B VISA

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  • Total years eligible to stay in US: - Exit L1B and re-enter H1B VISA

    Scenario : -
    Working for a company “A”. Returned to home country, since the L1B extension was denied. The VISA expiry was October 2011. Waited for L1 extension and exited USA in April 2012.
    Now for the same company “A” applied for H1B and re-entering to USA in about May 2013.
    There is a gap of one year from the day of the VISA expiry. And similarly the day of exit and re-enter to USA

    Question: -
    As per the H1B terms, will the person be able to stay up to 6 years Or the previous L1 stay will get added to the H1B ?

    Referring the above scenario, How many total year am I eligible to stay in US on H1B ?

    Regards,

  • #2
    Originally posted by Susai View Post
    Scenario : -
    Working for a company “A”. Returned to home country, since the L1B extension was denied. The VISA expiry was October 2011. Waited for L1 extension and exited USA in April 2012.
    Now for the same company “A” applied for H1B and re-entering to USA in about May 2013.
    There is a gap of one year from the day of the VISA expiry. And similarly the day of exit and re-enter to USA

    Question: -
    As per the H1B terms, will the person be able to stay up to 6 years Or the previous L1 stay will get added to the H1B ?

    Referring the above scenario, How many total year am I eligible to stay in US on H1B ?

    Regards,
    When did you apply for H1? If you applied before completion of 1 Year stay outside US then you would be eligible only for 6 Minus time already spent in L1. Assuming you are completing 1 Year stay outside US in April 2013, then if you apply in April 2013 with start date of 01-Oct-2013 or later then you would be eligible for fresh 6 Years H1.

    This is my opinion not legal advice.

    Comment


    • #3
      6 years - green card

      Originally posted by raghvi View Post
      When did you apply for H1? If you applied before completion of 1 Year stay outside US then you would be eligible only for 6 Minus time already spent in L1. Assuming you are completing 1 Year stay outside US in April 2013, then if you apply in April 2013 with start date of 01-Oct-2013 or later then you would be eligible for fresh 6 Years H1.

      This is my opinion not legal advice.

      Thank you for the information,
      The H1B cap was initiated in June-2012. This is totally a new VISA,

      Is there any option to stay consecutively for 6 years?
      With above Scenario, can I initiate the green card now?

      Comment


      • #4
        H1B interview after L1B extension was denied

        In H1B interview, Will there be any question on L1B extension denial?

        Comment

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