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H1 6Yrs timeframe counts L1 period?

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  • H1 6Yrs timeframe counts L1 period?

    Hi,

    I stayed on L1 Visa in US from Dec-2010 to Oct-2013 and then went to India. In 2014 my H1 has been filed and I initially got for only 1year (till 30-Sep-2015). I entered USA again in Nov-2014 and when applied extension in Sep-2015 i got renewal only till 16-Mar-2016.
    Looking at the documentation our attorney has counted my L1 stay period also within 6years time frame while applying for extension.

    1. Does that mean 6yrs of H1 always count period of stay on L1 also?

    2. If yes then i was out of USA for 387 days between leaving from USA on L1 to entering back on H1 so i assume the clock should be reset, Please advice

    3. If what ever extension i got completes all 6yrs stay in USA then when should i start my GC process mandatorily?

    Thanks,
    Santhosh

  • #2
    Originally posted by spanguluri View Post
    Hi,

    I stayed on L1 Visa in US from Dec-2010 to Oct-2013 and then went to India. In 2014 my H1 has been filed and I initially got for only 1year (till 30-Sep-2015). I entered USA again in Nov-2014 and when applied extension in Sep-2015 i got renewal only till 16-Mar-2016.
    Looking at the documentation our attorney has counted my L1 stay period also within 6years time frame while applying for extension.

    1. Does that mean 6yrs of H1 always count period of stay on L1 also?

    2. If yes then i was out of USA for 387 days between leaving from USA on L1 to entering back on H1 so i assume the clock should be reset, Please advice

    3. If what ever extension i got completes all 6yrs stay in USA then when should i start my GC process mandatorily?

    Thanks,
    Santhosh
    What ws the gap between your last day in L1 in US and your date of filing of H1 petition?

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    • #3
      I left US in Oct-2013 and My H1 filed for the first time in Apr-2014. 5 months Gap

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      • #4
        Originally posted by spanguluri View Post
        I left US in Oct-2013 and My H1 filed for the first time in Apr-2014. 5 months Gap
        This could be the reason why your L1 stay was also accounted for while calculating the 6 Year limitation.

        Now, the time spent outside US (between Dec 2010 till date) can be recaptured as 6 Year is calculated only against time spent physically in US. If one spends 6 Years physically in US in either H1/L1 status, then one needs to have GC filed in a timely manner to stay beyond the 6 year limitation.



        This is my opinion not legal advice.

        Comment


        • #5
          Thank you Raghvi for the response..

          But when physically i was out of USA for 387 days between L1 and coming back on H1 should not my clock be reset?

          Comment


          • #6
            Originally posted by spanguluri View Post
            Thank you Raghvi for the response..

            But when physically i was out of USA for 387 days between L1 and coming back on H1 should not my clock be reset?
            If that was the case a person could leave as soon as 5th year completes, stay out for 1 year and then ask for fresh 6 years, and continue being in US for further 5 years and repeat the cycle without needing to go through the GC process.

            This is my opinion not legal advice.

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