H1 B Extension validity

[ThangavelC]

Hi,
I am trying to transfer my H1 B visa and hear many confusions on my validity of the visa status. I came to US in L1 B visa in 2006 and my H1 was applied in 2012. But I left the country on Sep. 2012 and was not using my H1 visa petition at all. I was in India from Sp. 2012 to Sep. 2014 and I came back to US on Oct 2014 with my earlier H1 B visa (Extension). Detailed dates of my stay as follows:
Type of visa traveled on Entry Date to USA (MM/DD/YYYY) Exit Date from USA (MM/DD/YYYY)
L1 B 4/12/2006 5/24/2007
L1 B 6/16/2007 12/31/2008
L1 B 1/12/2010 4/21/2010
L1 B 4/26/2010 9/30/2012
H1 B 10/24/2014 till date

I hear from people that my H/L status will be calculated from 2006 from the date I landed here and not from 2012 (when it was filed) or from 2014 (when I arrived in US with H1). Please clarify me on the H/L status and the years that I get my H1 extended.
I was in a strong assumption that my H1 can be used for 6 years as I have just started using it from Oct. 2014 and also I had a 2 year break from 2012 to Oct. 2014.
Please clarify.

[raghvi]

Hi,
I am trying to transfer my H1 B visa and hear many confusions on my validity of the visa status. I came to US in L1 B visa in 2006 and my H1 was applied in 2012. But I left the country on Sep. 2012 and was not using my H1 visa petition at all. I was in India from Sp. 2012 to Sep. 2014 and I came back to US on Oct 2014 with my earlier H1 B visa (Extension). Detailed dates of my stay as follows:
Type of visa traveled on Entry Date to USA (MM/DD/YYYY) Exit Date from USA (MM/DD/YYYY)
L1 B 4/12/2006 5/24/2007
L1 B 6/16/2007 12/31/2008
L1 B 1/12/2010 4/21/2010
L1 B 4/26/2010 9/30/2012
H1 B 10/24/2014 till date

I hear from people that my H/L status will be calculated from 2006 from the date I landed here and not from 2012 (when it was filed) or from 2014 (when I arrived in US with H1). Please clarify me on the H/L status and the years that I get my H1 extended.
I was in a strong assumption that my H1 can be used for 6 years as I have just started using it from Oct. 2014 and also I had a 2 year break from 2012 to Oct. 2014.
Please clarify.

Its not only the time of arrival or usage of H1 that matters, the time of filing of H1 petition also needs to be taken into account. In my opinion as your H1 was applied while you were still in L1 status, the L1 stay would also be taken into account. Talk to an attorney.

This is my opinion not legal advice.

[ThangavelC]

H1 B Extension Validity

Its not only the time of arrival or usage of H1 that matters, the time of filing of H1 petition also needs to be taken into account. In my opinion as your H1 was applied while you were still in L1 status, the L1 stay would also be taken into account. Talk to an attorney.

This is my opinion not legal advice.

Thanks for your time and reply. My H1 is filed on 2012 and will I not be eligible to use the complete 6 years of my H1? Also I am not staying continuously as I have taken a 2 year break in between. Please advice.

[raghvi]

Thanks for your time and reply. My H1 is filed on 2012 and will I not be eligible to use the complete 6 years of my H1? Also I am not staying continuously as I have taken a 2 year break in between. Please advice.

Its not that every H1 is eligible for 6 Years, if you have spent time on L1 that can also be deducted from the limited time allowed, so in your case L1+H1 can at max be 6 Years. Also, not staying continuously in itself is not enough to reset your clock. As I said, talk to an attorney with all relevant paperwork.

This is my opinion not legal advice.