Query on Eligible remaining H1B period

[chandran.me]

Hi,

I had stayed in US for below period.

L1 B Visa - Jan 2008 to Aug 2010

During the timeframe with L1 B applied for H1 B and got it approved on Sep 2009 without status transfer

Applied change of Status from L1 to H1 on Sep 2010 - Stayed during status transfer period Sep 2010 to Oct 2010

Came to India on Oct 2010 and in India till now..

I am aware that i am cap exempted for the H1 Approved on 2009 Cap.

Since i am in India for the last 3 years will i get the remaining period of 5 years and 11 months for H1 B? Or will they even count that L1 B period and deduct it?

Please help.

[raghvi]

Hi,

I had stayed in US for below period.

L1 B Visa - Jan 2008 to Aug 2010

During the timeframe with L1 B applied for H1 B and got it approved on Sep 2009 without status transfer

Applied change of Status from L1 to H1 on Sep 2010 - Stayed during status transfer period Sep 2010 to Oct 2010

Came to India on Oct 2010 and in India till now..

I am aware that i am cap exempted for the H1 Approved on 2009 Cap.

Since i am in India for the last 3 years will i get the remaining period of 5 years and 11 months for H1 B? Or will they even count that L1 B period and deduct it?

Please help.

You will not get full 6 Years if use the old cap exempt petition.

As you have stayed outside US for more than 1 Year you have two options, either use the remainder of H1 time (6 Years minus L1 stay period which in your case would be 6 years minus physical stay from Jan 2008 - Oct 2010)

OR

Option 2, apply new H1 and get full 6 Years stay period. New H1B can only be applied in April 2014 with a start date of Oct 2014.



This is my opinion not legal advice.