Duration of stay during H1

[grvshr]

Background: I have spent more than 3.5 years on my L1B visa, then my company filed my H1B visa as L-H conversion in April 2013. BUT after getting the petition number in May'13, I returned back to India in June'13 (before the H1B approval) so my application got converted to counselor processing. I got my visa approved in Oct'13 and then I came back to USA.

Now my question is,
1. How much total duration I can stay now. I mean will I get 6 more years starting Oct'13?
2. Will the duration I spent on my L1B count in my stay duration while on H1B?

Thanks
Gaurav

[raghvi]

Background: I have spent more than 3.5 years on my L1B visa, then my company filed my H1B visa as L-H conversion in April 2013. BUT after getting the petition number in May'13, I returned back to India in June'13 (before the H1B approval) so my application got converted to counselor processing. I got my visa approved in Oct'13 and then I came back to USA.

Now my question is,
1. How much total duration I can stay now. I mean will I get 6 more years starting Oct'13?
2. Will the duration I spent on my L1B count in my stay duration while on H1B?

Thanks
Gaurav

As you didnt spend an entire year outside US, and also didnt apply fresh H1 after spending one year outside US, the previous L1B stay would get added to the 6 Year limit on L1+H1. So if you have already spent 3.5 Years on L1B then H1B can be used for 2.5 Years, unless GC is filed timely.

This is my opinion not legal advice.

[grvshr]

Thank
Actually One more clarification. My stay of total 3.5 years is not continuous. since I first entered in USA, I was out of USA once for 7 months and once for 6 months, though in total I spent 3.5 year in USA.

Does it to be continuous 1 year to be out of USA?

[raghvi]

Thank
Actually One more clarification. My stay of total 3.5 years is not continuous. since I first entered in USA, I was out of USA once for 7 months and once for 6 months, though in total I spent 3.5 year in USA.

Does it to be continuous 1 year to be out of USA?

Stays in US are cumulative, stays outside US are generally taken continuous. So if you spent 7 Months, and then 6 Months in US on same petition and without 1 Year gap in between it would be considered as 13 Months stay in US.

This is my opinion not legal advice.