Urgent !! Cooling period on L1- H1 COS Visa & Stay validity on Extn

[cvarghe]

Dear Immihelp ,

Need you advice urgently.
I was in USA on L1B from May 2007 till August 2011 ( 4 years, 3 months in US). I reached India and filed L1 to H1B Change Of Status petition in same month (Aug 2011), which got approved on Jan 2012 , valid till May 2013 ( 1 years, 5 months). I was in India from Aug 2011 till end of Feb 2013 and came to US on Mar 2013 , and applied for extension before the visa expiry (ie., on 20 May 2013) and got extension approved in Dec 2013 for 3 years (ie., until May 2016 ).

Kindly clarify the below questions:-

1.) Is the period , I was in India (between Aug 2011 to Mar 2013) considered as 365 days cooling period so that max out clock is reset. Does the visa extension I received now for 3 years allow me to stay for the full 3 years (ie., until May 2016 ) ?

2.) Or is it valid only for the remaining period of my H1B ( ie., 1 year 5 months ) ? . Since I came on H1B on Mar 2013 , its already 11 months, I am concerned if I have to go back to India in next 6 months !!

Kindly help me with clarification on this matter. And could you suggest of any options to continue stay in US?

Thank you so much.
Varghese.

[raghvi]

Dear Immihelp ,

Need you advice urgently.
I was in USA on L1B from May 2007 till August 2011 ( 4 years, 3 months in US). I reached India and filed L1 to H1B Change Of Status petition in same month (Aug 2011), which got approved on Jan 2012 , valid till May 2013 ( 1 years, 5 months). I was in India from Aug 2011 till end of Feb 2013 and came to US on Mar 2013 , and applied for extension before the visa expiry (ie., on 20 May 2013) and got extension approved in Dec 2013 for 3 years (ie., until May 2016 ).

Kindly clarify the below questions:-

1.) Is the period , I was in India (between Aug 2011 to Mar 2013) considered as 365 days cooling period so that max out clock is reset. Does the visa extension I received now for 3 years allow me to stay for the full 3 years (ie., until May 2016 ) ?

2.) Or is it valid only for the remaining period of my H1B ( ie., 1 year 5 months ) ? . Since I came on H1B on Mar 2013 , its already 11 months, I am concerned if I have to go back to India in next 6 months !!

Kindly help me with clarification on this matter. And could you suggest of any options to continue stay in US?

Thank you so much.
Varghese.

Option 2. I believe your extension was wrongly approved. The original H1 was filed within less than 1 Year of being outside hence would have been valid only till 1.5 Years as the initial 4.5 Years would have got added (L1+H1 can only for 6 Years). Advisable to talk to an attorney to determine your options. Never benefit from a USCIS mistakes, they will eventually find out and make you illegal retroactively.

This is my opinion not legal advice.

[sastry.mahesh]

H1B --> L1B and back to --> H1B, maxout date / cooling period -- URGENT!

Dear Immihelp ,

Need you advice urgently.
1) I was in USA with Employer A on H1B from Sep 2006 till October 2007 ( 1 year, 1 month in US) (petition from 10/01/2005 - 04/18/2008)
2) My employer A did my visa conversion to L1B and I was in US on L1B (petition from 12/30/2006 - 12/29/2009)
from November 2007 till April 2008 (5 months)
from October 2008 till October 2009 (1 year)
3) I was in India from Nov 2009 till Jun 2012
4) My H1B petition was approved and petition valid from 02/16/2012 - 09/30/2014 (my case was pursued under non-quota)
5) I was in US from Jun 2012 till Jun 2013 (1 year)
6) Moved back to India for 6 months
7) Came back in Dec 2013 and staying till date (2 years, 8 months)
8) Changed 2 employers and my current extended petition is from 11/5/2015 - 7/1/2018
9) I went for stamping in Feb 2016, and my current stamp and I94 is valid till 7/1/2018

My current employer started GC process and I would like to double check on Max out date before he files it.

Kindly clarify the below questions:-

1) Is the period , I was in India (between Nov 2009 to May 2012, almost 2 years and 7 months) considered as cooling period so that max out clock is reset.
2) Does the visa extension / stamping I received now is valid and I can stay until Jul 2018?
3) What would be my max out date/year?


Kindly help me with clarification on this matter.

Thank you so much.
Sastry

[sastry.mahesh]

H1B --> L1B and back to --> H1B, maxout date / cooling period -- URGENT!

Dear Immihelp ,

Need you advice urgently.
1) I was in USA with Employer A on H1B from Sep 2006 till October 2007 ( 1 year, 1 month in US) (petition from 10/01/2005 - 04/18/2008)
2) My employer A did my visa conversion to L1B and I was in US on L1B (petition from 12/30/2006 - 12/29/2009)
from November 2007 till April 2008 (5 months)
from October 2008 till October 2009 (1 year)
3) I was in India from Nov 2009 till Jun 2012
4) My H1B petition was approved and petition valid from 02/16/2012 - 09/30/2014 (my case was pursued under non-quota)
5) I was in US from Jun 2012 till Jun 2013 (1 year)
6) Moved back to India for 6 months
7) Came back in Dec 2013 and staying till date (2 years, 8 months)
8) Changed 2 employers and my current extended petition is from 11/5/2015 - 7/1/2018
9) I went for stamping in Feb 2016, and my current stamp and I94 is valid till 7/1/2018

My current employer started GC process and I would like to double check on Max out date before he files it.

Kindly clarify the below questions:-

1) Is the period , I was in India (between Nov 2009 to May 2012, almost 2 years and 7 months) considered as cooling period so that max out clock is reset.
2) Does the visa extension / stamping I received now is valid and I can stay until Jul 2018?
3) What would be my max out date/year?


Kindly help me with clarification on this matter.

Thank you so much.
Sastry

[gch1bquery]

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