Need information regarding maximum duration of 6 years on H1B

[gjainnk]

Hi,

I was in the USA on L1A visa from Jan 2010 - July 2013. In July 2013, I left USA and I got H4 stamping done in India. I am planning to apply for my H1B now.


Between July 2013 to September 2014, I came to the USA on H4 twice, each time for one week (so for a total of 15 days). My question is whether the duration of July 2013 - Sep 2014 be counted towards 1 year duration that a person has to spend outside USA so that L1A duration is not counted in the maximum duration of 6 years on H1B.

Please advise.

Thanks.

[raghvi]

Hi,

I was in the USA on L1A visa from Jan 2010 - July 2013. In July 2013, I left USA and I got H4 stamping done in India. I am planning to apply for my H1B now.


Between July 2013 to September 2014, I came to the USA on H4 twice, each time for one week (so for a total of 15 days). My question is whether the duration of July 2013 - Sep 2014 be counted towards 1 year duration that a person has to spend outside USA so that L1A duration is not counted in the maximum duration of 6 years on H1B.

Please advise.

Thanks.

It doesnt matter if you travel after Jul 2014. The L1 period would not have been counted only if you apply for H1 after July 2014. But I am assuming you would be applying fresh H1 in April 2014 itself because by July 2014 most probably the cap would have been finished. So in that case your Clock would not be reset and if H1 approved, you would be eligible for 2.5 Years H1 as you have already spent 3.5 Years on L1 status in last 6 Years.

This is my opinion not legal advice.