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Is L1 B stay separated from H1B stay (total of 6 years) in any situation

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  • Is L1 B stay separated from H1B stay (total of 6 years) in any situation

    Travelled to USA in Aug 2007 on L1 B, extended L1 B in June 2010. Converted L1 B to H1 B in Jan 2012. Stayed on H1 B for 10 months before returning to India in August 2013. I have completed 1 year of stay outside US to reset the visa count. According to our calculation, there are only 8 to 9 months left out of total (L1 B + H1 B) 6 years of stay. Company is filing H1 B under cap exempt to reclaim remaining time on H1 B. Here are few of our concerns/questions:
    1. How much time will be approved for same H1 B?
    2. Did my 1 year stay outside USA, reset H1 B clock? Also does it separate H1 B stay from L1 B stay?
    3. What should I do next to get maximum time in USA?

    Thanks
    Vaibhav

  • #2
    Originally posted by dixitvaibhav View Post
    Travelled to USA in Aug 2007 on L1 B, extended L1 B in June 2010. Converted L1 B to H1 B in Jan 2012. Stayed on H1 B for 10 months before returning to India in August 2013. I have completed 1 year of stay outside US to reset the visa count. According to our calculation, there are only 8 to 9 months left out of total (L1 B + H1 B) 6 years of stay. Company is filing H1 B under cap exempt to reclaim remaining time on H1 B. Here are few of our concerns/questions:
    1. How much time will be approved for same H1 B?
    2. Did my 1 year stay outside USA, reset H1 B clock? Also does it separate H1 B stay from L1 B stay?
    3. What should I do next to get maximum time in USA?

    Thanks
    Vaibhav
    Merely staying out does not reset the clock. The timing of filing of the next petition also matters.

    Was there more than 1 Year difference between your last day in US in L1 Status, and the day H1 petition was filed?
    1. 6 Years minus time spent on L1 and H1 status.
    2. May be not, one would have to see the exit date on L1 and H1 application date.
    3. The law says, in order to get 6 Years of H1, the petition has to be filed after completion of 1 Year outside stay in that year's cap.

    This is my opinion not legal advice.

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