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4.5 years on L1 and 11 months on H1... can i use same H1 petition for remaining 5.1 y

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  • 4.5 years on L1 and 11 months on H1... can i use same H1 petition for remaining 5.1 y

    I came to US on L1 B visa in May 2010, later my company applied for H1 B in 2014 which got approved. So I was on L1 from May 2010 to Oct 2014, then from Oct 2014 – Sep 2015 I worked in US and on H1 and returned to my home country.

    Though I stayed in US at a stretch for 5.5 years (May 2010 – Sep 2015), length I stayed on H1 is less 11 months (ie., Oct 2014 – Sep 2015).

    After spending 1 year out of United States, can I use same H1 petition and work in US for remaining 5.1 years or will my H1 get extended only for remaining 7 months + my vacation days in between or do I need to apply for fresh H1 to get back to USA?

  • #2
    Originally posted by gchanduu View Post
    I came to US on L1 B visa in May 2010, later my company applied for H1 B in 2014 which got approved. So I was on L1 from May 2010 to Oct 2014, then from Oct 2014 – Sep 2015 I worked in US and on H1 and returned to my home country.

    Though I stayed in US at a stretch for 5.5 years (May 2010 – Sep 2015), length I stayed on H1 is less 11 months (ie., Oct 2014 – Sep 2015).

    After spending 1 year out of United States, can I use same H1 petition and work in US for remaining 5.1 years or will my H1 get extended only for remaining 7 months + my vacation days in between or do I need to apply for fresh H1 to get back to USA?
    You will get only 6 Years minus time already spent in H1+L1. If you want full 6 years you have to be part of fresh cap.

    This is my opinion not legal advice

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