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L1 - H4 - H1 Max Out Period

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  • L1 - H4 - H1 Max Out Period

    Hi,

    I have a question on H1B maxout. I have the below visa breakups.

    08/15/2015 - 07/15/2009 - 11 months - L1
    02/01/2010 - 04/01/2013 - 38 months - L1
    04/01/2013 - present - 12 months - H4
    Applied for H1 and picked up in lottery

    My questions is:
    1. How many days of H1 Max-out I still have?
    2. As there is gap of more than 1 year in the work status (L1 to H1), Do i get my 6 years H1?
    3. Do i have to start my green card processing as I have already completed ~50 months (11+38 months on L1) and Have 2 more years to stay before 6 years of H1 completes.

    Please suggest.

    Thanks
    USC

  • #2
    Originally posted by usc View Post
    Hi,

    I have a question on H1B maxout. I have the below visa breakups.

    08/15/2015 - 07/15/2009 - 11 months - L1
    02/01/2010 - 04/01/2013 - 38 months - L1
    04/01/2013 - present - 12 months - H4
    Applied for H1 and picked up in lottery

    My questions is:
    1. How many days of H1 Max-out I still have?
    2. As there is gap of more than 1 year in the work status (L1 to H1), Do i get my 6 years H1?
    3. Do i have to start my green card processing as I have already completed ~50 months (11+38 months on L1) and Have 2 more years to stay before 6 years of H1 completes.

    Please suggest.

    Thanks
    USC
    As you were not outside US from 04/01/2013 till date your clock would not be reset hence, if H1 approved, you would be eligible for only 6 Years minus time already spent in L1 status.

    1. L1 + h1 can at max be for 6 Years to it would be 72 Months minus 50 Months in your case.
    2. As said the clock gets reset only if you were out of US.
    3. I would say if you intend to stay beyond the 72 Months it makes sense to start the GC processing.

    This is my opinion not legal advice.

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