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

[neel313]

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

[raghvi]

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.

[neel313]

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.

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.

[neel313]

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.

[scientist2016]

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.