L1 - H1 Stay Query

[tech2012]

Hi
I have question regarding how many years I can stay in US on H1B + L1B Visa . pls see below :

I came in USA on Jul 2008 On L1B Visa with Employer- A and return to India On 6th Aug 2011.
I stayed in INDIA @ 1 year and again I came back to USA on 8th Aug 2012 on H1B Visa with Same employer- A . Now My question is ...

1) ..How many years I can stay in USA now. (they are count L1 + H1 Stay) ?
2).. Will They count only H1B Stamping for 6 years as I stayed in INDIA around 1 year

Plese suggest me.
Appreciate

[tech2012]

pls suggest me on this query

Hi
I have question regarding how many years I can stay in US on H1B + L1B Visa . pls see below :

I came in USA on Jul 2008 On L1B Visa with Employer- A and return to India On 6th Aug 2011.
I stayed in INDIA @ 1 year and again I came back to USA on 8th Aug 2012 on H1B Visa with Same employer- A . Now My question is ...

1) ..How many years I can stay in USA now. (they are count L1 + H1 Stay) ?
2).. Will They count only H1B Stamping for 6 years as I stayed in INDIA around 1 year

Plese suggest me.
Appreciate

pls

[raghvi]

Hi
I have question regarding how many years I can stay in US on H1B + L1B Visa . pls see below :

I came in USA on Jul 2008 On L1B Visa with Employer- A and return to India On 6th Aug 2011.
I stayed in INDIA @ 1 year and again I came back to USA on 8th Aug 2012 on H1B Visa with Same employer- A . Now My question is ...

1) ..How many years I can stay in USA now. (they are count L1 + H1 Stay) ?
2).. Will They count only H1B Stamping for 6 years as I stayed in INDIA around 1 year

Plese suggest me.
Appreciate

When was you H1 petition filed? Its not only stay of 1 Year outside that is counted, the H1 petition should also be filed after staying 1 Year outside US in order to get fresh 6 Years.

L1+h1 can only be for 6 Years (if GC is not filed and I140 not approved). In my opinion you can stay till Aug 2015.

As you left US on 06-Aug-2011, had you applied for fresh H1 after 01-Aug-2012 in 2013 cap with start date of 01-Oct-2012 you would have been eligible for fresh 6 Year H1.

This is my opinion not legal advice.

[tech2012]

I did my H1B File for 2012 cap and got receipt number on 1st Nov 2011.
So Will they count L1+H1 combination stay for 6 years ?

Firsttime US enter on L1 Visa-= 6th Jul 2008
Left out from US = 5th Aug 2011
H1 File from India on 2012 cap and got Receipt number =1st nov 2011
Entered USA on H1B Visa = 7th Aug 2012

Pls suggest me on this

When was you H1 petition filed? Its not only stay of 1 Year outside that is counted, the H1 petition should also be filed after staying 1 Year outside US in order to get fresh 6 Years.

L1+h1 can only be for 6 Years (if GC is not filed and I140 not approved). In my opinion you can stay till Aug 2015.

As you left US on 06-Aug-2011, had you applied for fresh H1 after 01-Aug-2012 in 2013 cap with start date of 01-Oct-2012 you would have been eligible for fresh 6 Year H1.

This is my opinion not legal advice.

[raghvi]

I did my H1B File for 2012 cap and got receipt number on 1st Nov 2011.
So Will they count L1+H1 combination stay for 6 years ?

Firsttime US enter on L1 Visa-= 6th Jul 2008
Left out from US = 5th Aug 2011
H1 File from India on 2012 cap and got Receipt number =1st nov 2011
Entered USA on H1B Visa = 7th Aug 2012

Pls suggest me on this

Yes in my opinion they will count L1+H1 together. As I said , had you been part of 2013 cap you would have been eligible for fresh 6 year H1.

This is my opinion not legal advice.

[tech2012]

Thanks Raghvi

as Per I mentioned that I entered in USA on 7th Aug 2012 on h1B Visa ( Left USA on 5th Aug 2011 on L1B Visa) This cap is for 2012.
I asked to NCSC - customer service and they told me that That is not related between L1 and H1B visa and also they mentioned that you can stay till 6 years when you start your H1B- (Aug 2012).

I am confused here. Could you pls help me on this where I can get right information .

Appreciate youe help.

Thanks