If this is your first visit, be sure to
check out the FAQ by clicking the
link above. You may have to register
before you can post: click the register link above to proceed. To start viewing messages,
select the forum that you want to visit from the selection below.
Entry date Exit date No of Days Total duration Visa Type
1 28-Apr-07 11-Apr-08 349 days 1 year L1B
2 26-Apr-08 1-Aug-08 97 days 3 month 1 week L1B
3 19-Aug-08 8-Jul-09 323 days 11 months L1B
4 21-Aug-10 23-May-13 1006 days 2 Year 9 months H1B
Total Stay on L1B - 2 year 2 month 1 week
Total Stay on H1B - 2 year 9 months
Total stay - 4 year 9 month 1 week
Gap between exiting US on L1B and re-entry in US on H1B - 1 Year 1 month 13 days
Que:-
I got the H1B stamped on 1st Oct' 2009 but did not travel to US until 21st Aug 2010 (which is a gap of 1 Year 1 month 13 days between my exit from US on L1B and re-entry in US on H1B). Based on these dates, Am I still eligible for a fresh 6 years of stay in US allocated to H1B visa? My confusion is whether my stay on L1B would be counted against maximum allowed 6 years of H1B or not (even though I was out of states for well over a year before starting to work on H1B) ?
If you have applied for H1B before 8-Jul-2010 it would be counted. Not only should one stay outside US for 1 Full year, but one should also apply for Fresh visa only after completing the 1 year outside stay, only then one is eligible for fresh full duration. So even though you stayed out of US for 1 Year, if you applied for H1 before the 1 year outside US stay was completed the L1 stay gets clubbed with H1 stay.
Entry date Exit date No of Days Total duration Visa Type
1 28-Apr-07 11-Apr-08 349 days 1 year L1B
2 26-Apr-08 1-Aug-08 97 days 3 month 1 week L1B
3 19-Aug-08 8-Jul-09 323 days 11 months L1B
4 21-Aug-10 23-May-13 1006 days 2 Year 9 months H1B
Total Stay on L1B - 2 year 2 month 1 week
Total Stay on H1B - 2 year 9 months
Total stay - 4 year 9 month 1 week
Gap between exiting US on L1B and re-entry in US on H1B - 1 Year 1 month 13 days
Que:-
I got the H1B stamped on 1st Oct' 2009 but did not travel to US until 21st Aug 2010 (which is a gap of 1 Year 1 month 13 days between my exit from US on L1B and re-entry in US on H1B). Based on these dates, Am I still eligible for a fresh 6 years of stay in US allocated to H1B visa? My confusion is whether my stay on L1B would be counted against maximum allowed 6 years of H1B or not (even though I was out of states for well over a year before starting to work on H1B) ?
Leave a comment: