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I came to USA on L1B and stayed in USA between 2007 - 2010. After that I went back to India and stayed there for 4 years.
My New H1B was filed in 2012 and the petition was approved dec 2012. My H1 Visa Stamping was donein Apr 2014. Then I traveled to USA on Sep 2014.
I changed by employer in March 2015 and an extension was filed, however I129 form, L1B days were calculated for 6 Years H1B Limit.
So USCIS has given the extension for the left over period which includes my L1B stay as well.
So is it valid to count L1B days for extension?
In one of the forum It says "Clock will reset only if you stayed outside US for 1 year and after that a cap subject H1B petition is filed and approved."
I checked my original I129 form which was filed by my previous employer in under section 3: Numerical Limitation Information, " CAP H-1B Bachelor's Degree" is selected as type of H1 petition. so I assume mine was a cap subject H1 approval.
Since I stayed more than 1 years, shouldn't it be a fresh 6 year limit on H1?
My employer says that since the gap between L1 and H1 is 4 years (less than 6 years), they counted L1 days as well.
My New H1B was filed in 2012 and the petition was approved dec 2012. My H1 Visa Stamping was donein Apr 2014. Then I traveled to USA on Sep 2014.
I changed by employer in March 2015 and an extension was filed, however I129 form, L1B days were calculated for 6 Years H1B Limit.
So USCIS has given the extension for the left over period which includes my L1B stay as well.
So is it valid to count L1B days for extension?
In one of the forum It says "Clock will reset only if you stayed outside US for 1 year and after that a cap subject H1B petition is filed and approved."
I checked my original I129 form which was filed by my previous employer in under section 3: Numerical Limitation Information, " CAP H-1B Bachelor's Degree" is selected as type of H1 petition. so I assume mine was a cap subject H1 approval.
Since I stayed more than 1 years, shouldn't it be a fresh 6 year limit on H1?
My employer says that since the gap between L1 and H1 is 4 years (less than 6 years), they counted L1 days as well.
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