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L1B to H1 B while in USA & stay outside USA for 1.5 and its impact to MPS

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  • L1B to H1 B while in USA & stay outside USA for 1.5 and its impact to MPS

    Hi,

    I had initially come to USA on L1-B in year 2011 and then my L1-B was converted to H1-B in 2013 while I was in USA and then I repatriated to India in Jan 2015 and I am now back to USA in Aug 2016

    Before coming to USA I had to undergo the H1-B Cap exempt process


    1) I want to know if total number of day I spent in USA while on L1B also is considered ?

    2) I was outside USA between Jan 15 to Aug 16 so was wondering if my Max possible stay counter gets reset based on this ?

    Thanks
    Neel

  • #2
    Originally posted by neel313 View Post
    Hi,

    I had initially come to USA on L1-B in year 2011 and then my L1-B was converted to H1-B in 2013 while I was in USA and then I repatriated to India in Jan 2015 and I am now back to USA in Aug 2016

    Before coming to USA I had to undergo the H1-B Cap exempt process


    1) I want to know if total number of day I spent in USA while on L1B also is considered ?

    2) I was outside USA between Jan 15 to Aug 16 so was wondering if my Max possible stay counter gets reset based on this ?

    Thanks
    Neel
    1. Yes.
    2. No as the time between your exit and application of H1 was not 1 year.

    This is my opinion not legal advice.

    Comment


    • #3
      I need come clarification for #2

      I just calculated total days I was outside USA
      I get ~560 days which is 1 year and 6 months



      Please elaborate your comment
      the time between your exit and application of H1 was not 1 year.


      Originally posted by raghvi View Post
      1. Yes.
      2. No as the time between your exit and application of H1 was not 1 year.

      This is my opinion not legal advice.

      Comment


      • #4
        Thanks for your prompt reply

        I need clarification for #2

        I just calculated total days I was outside of USA

        It comes to ~560 days which is 1 year and 6 months

        Please elaborate your comment below
        2. No as the time between your exit and application of H1 was not 1 year.

        Comment


        • #5
          Your stay outside the US for more than 1 yr. does not matter, since you did not get a new H1. You underwent a cap exempt process viz., you are still claiming to be counted under your previous H1 petition, and hence your maximum stay period hasn't been reset.
          Last edited by scientist2016; 01-25-2017, 04:38 PM.
          Just an opinion; Not legal advice.

          Comment

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