H1-B duration eligibility.

[mmanands]

Dear Sir / Madam,

I am planning to apply for H1-B visa next year CAP. Currently I am in L1-B and I have been to US back and forth since 2004 though multiple L1 Visas, When I am going to apply for H1-B visa next year how would they calculate the eligibility of H1-B duration ?

US immigration count the last L1-B stay or all the L1B stays? If any breaks in between the L1 visa stays how do they calculate ? Is there any cooling periods in between the L1 stays ?

Thanks in advance..

[raghvi]

Dear Sir / Madam,

I am planning to apply for H1-B visa next year CAP. Currently I am in L1-B and I have been to US back and forth since 2004 though multiple L1 Visas, When I am going to apply for H1-B visa next year how would they calculate the eligibility of H1-B duration ?

US immigration count the last L1-B stay or all the L1B stays? If any breaks in between the L1 visa stays how do they calculate ? Is there any cooling periods in between the L1 stays ?

Thanks in advance..

Did you spend an entire year outside US?
Did you file a new petition after spending an entire year outside US?

If you didnt do both of the above then all your L1 stay would be added and you would get H1 only for 6 Years minus time spent on L1. Now, there are cases where a person may get more time on the H1 but the ultimate responsibility lies with you to ensure that the total stay doesnt go beyond 6th Year.

If GC filed then there one would have to see when GC was filed and in what stage it is in.

This is my opinion not legal advice.