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Total yrs on L1/H1 visa

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  • Total yrs on L1/H1 visa

    I am on L1-B. We came to USA in May 2003 (on 1 yr visa). Then applied for extension in 2004 and got extended for 2 yrs. Have completed 3 yrs (will in Apr).
    We are in the process of 2nd extension again.

    Once the H1 quota for 2006 opens and we apply towards that, so that I can start working, come Oct 2006 on H1....
    My question is :
    1. Since its a fresh new H1 (havent applied for H1 ever...although its from the same employer for same job)....will we get a new lease of 6 yrs to stay in USA or will L1 yrs count too....without going out of USA for that 1 yr period.

    Have read comments saying both things...so writing/asking to be sure.

    Any help or comments appreciated...

  • #2
    Total 6 years.
    Immihelp Support
    No legal advice. Use at your own risk.

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    • #3
      6 yrs

      hi

      u will be allowed to stay in the US for 6 yrs starting from Oct 2006. The clock for 6 yrs duration will start only after ur H1B gets approved and u start workin on H1B status.

      Not Legal Advice!

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      • #4
        New doubt - Plz help!!

        Thanx to Menaka and Admin for the replies...
        And by admin saying 'Total 6 yrs'...I hope he means the same as mentioned by Menaka (I guess.....if otherwise plz write back)

        Considering what reply I got...I have another question...
        If my company files for my GC (starts with LC immediately on L1b visa) and then I get my H1 visa (as explained earlier..)
        Will the change in my visa category, affect anything when it comes to my GC processing or LC??

        Thanx for your time!! Appreciate it
        Last edited by rashi_30; 01-26-2006, 12:37 AM.

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        • #5
          Or does this query need to be moved to some other section of the forum since it deals with GC processing...Thanx and any help is appreciated!!

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          • #6
            H and L visa periods are counted together. Total period available for L to H visa is 6 year which includes L visa period.

            You cannot get additional 6 years on H visa having spent 3 years on L visa. The only way, H/L visa clock is reset is by staying outside US for more than 365 days.

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            • #7
              Hey all..
              Thanx for all the replies.
              Now, again am confused...Have heard people say both things as mentioned in this thread. Donno for sure what is correct...
              Neways...thanx!!

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              • #8
                If 6 years for H-1 has expired and I stay outside of US for 365 days, I understand that I will again have fresh 6 years of H1 again. However, during those 365 days, can I visit US for 1-2 weeks on a visitor visa?

                Are there are official website where I can reach the H1 rule book, etc?

                Thanks

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                • #9
                  Originally posted by bentheman
                  If 6 years for H-1 has expired and I stay outside of US for 365 days, I understand that I will again have fresh 6 years of H1 again. However, during those 365 days, can I visit US for 1-2 weeks on a visitor visa?

                  Are there are official website where I can reach the H1 rule book, etc?

                  Thanks
                  Why is this 'bentheman' asking his question/doubt in my thread???

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