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L1B to H1B cooling period understanding..

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  • L1B to H1B cooling period understanding..

    Dear

    Need you advice urgently on max stay period on H1B in below scenario.

    1) Stamped L1B from May 2008 to Jan 2011
    2) Stamped L1B again in July 2011 to May 2014.
    3) From Jan 2012 to Feb 2013 ( 1 year 1 Month) I was in India
    4) Applied in H1B in April 2014 & got stamped in Oct 2014. Traveled first time on H1B on Feb 2015.

    Entry Date Exit Date Visa Type Year Month
    ----------------- ---------------- -------- ----- ------
    11-May-2008 13-Nov-2008 L1B 0 6
    19-Apr-2009 02-Nov-2009 L1B 0 6
    18-Apr-2010 17-Jan-2011 L1B 0 9
    06-July-2011 09-Jan-2012 L1B 0 6

    - ----1 Year Stay outside India--------------

    31-Mar-2013 29-Jan-2014 L1B 0 10
    05-Feb-2014 14-May-2014 L1B 0 3

    ---------Change in Visa from L1B to H1B-----

    07-Feb-2015 16-Mar-2017 H1B 2 1
    15-Apr-2017 IN USA NOW H1B - -

    Note: I got the Visa stampped while my recent visit to India till Aug 2019.

    Kindly clarify the below questions:-

    1) I got Valid Visa till Aug 2019( I-94 till Sep 2019), however got note from employer that My max out period getting completed in Sep 2017.I got confused , Since I was having 1 year 1 month stay in India from Jan 2012 to Feb 2013 so my cooling period completed, so How can I would completed 6 year by Sep 2017. ?

    2) As I do have Valid I-94 till Aug 2019 , Can I stay in USA?

    Kindly help me with clarification on this matter.

    Thank you so much.

    Sanjay.

  • #2
    Originally posted by sanjay353 View Post
    Dear

    Need you advice urgently on max stay period on H1B in below scenario.

    1) Stamped L1B from May 2008 to Jan 2011
    2) Stamped L1B again in July 2011 to May 2014.
    3) From Jan 2012 to Feb 2013 ( 1 year 1 Month) I was in India
    4) Applied in H1B in April 2014 & got stamped in Oct 2014. Traveled first time on H1B on Feb 2015.

    Entry Date Exit Date Visa Type Year Month
    ----------------- ---------------- -------- ----- ------
    11-May-2008 13-Nov-2008 L1B 0 6
    19-Apr-2009 02-Nov-2009 L1B 0 6
    18-Apr-2010 17-Jan-2011 L1B 0 9
    06-July-2011 09-Jan-2012 L1B 0 6

    - ----1 Year Stay outside India--------------

    31-Mar-2013 29-Jan-2014 L1B 0 10
    05-Feb-2014 14-May-2014 L1B 0 3

    ---------Change in Visa from L1B to H1B-----

    07-Feb-2015 16-Mar-2017 H1B 2 1
    15-Apr-2017 IN USA NOW H1B - -

    Note: I got the Visa stampped while my recent visit to India till Aug 2019.

    Kindly clarify the below questions:-

    1) I got Valid Visa till Aug 2019( I-94 till Sep 2019), however got note from employer that My max out period getting completed in Sep 2017.I got confused , Since I was having 1 year 1 month stay in India from Jan 2012 to Feb 2013 so my cooling period completed, so How can I would completed 6 year by Sep 2017. ?

    2) As I do have Valid I-94 till Aug 2019 , Can I stay in USA?

    Kindly help me with clarification on this matter.

    Thank you so much.

    Sanjay.
    When you entered US in March 2013, did you use the same visa/petition on which you exited in 2012?

    Comment


    • #3
      Originally posted by raghvi View Post
      When you entered US in March 2013, did you use the same visa/petition on which you exited in 2012?
      Thanks a lot for replying.

      Yes. I entered in USA in 2013 same L1B Visa/Petition on which I exited in 2012.

      Thanks,
      Sanjay

      Comment


      • #4
        Originally posted by sanjay353 View Post
        Thanks a lot for replying.

        Yes. I entered in USA in 2013 same L1B Visa/Petition on which I exited in 2012.

        Thanks,
        Sanjay
        In that case, your clock did not "reset". The rule for resetting the clock is to stay out for one year and re apply afresh in new petition.

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          In that case, your clock did not "reset". The rule for resetting the clock is to stay out for one year and re apply afresh in new petition.

          This is my opinion not legal advice.
          Thanks for quick reply.

          Just wondering in that case How did I get 2nd extension of my H1B visa till Aug 2019 which I got in Jan 2017. Upon that I also had stamping & while port of entry no question raised & they provided me I-94 till Aug 2019. Does USCIS don't keep track for these dates. ? Also As I have valid I-94 , Can I stay in USA till Aug 2019.

          Thanks,
          Sanjay

          Comment


          • #6
            Originally posted by sanjay353 View Post
            Thanks for quick reply.

            Just wondering in that case How did I get 2nd extension of my H1B visa till Aug 2019 which I got in Jan 2017. Upon that I also had stamping & while port of entry no question raised & they provided me I-94 till Aug 2019. Does USCIS don't keep track for these dates. ? Also As I have valid I-94 , Can I stay in USA till Aug 2019.

            Thanks,
            Sanjay
            Could be that this information was never disclosed in the H1 application to USCIS. USCIS is not responsible for calculating the days you have spent in US . Its yours and your employer's responsibility to ensure that rules are being followed and that they are being adhered to. Even if USCIS and subsequently the consulate, and POE granted you entry, based upon the information that you provided to them, they did in good faith that you know what you are doing is valid . I would not advise that you assume that a potential error on their part can be construed as a license to overshoot your stay requirements. They will eventually find out when you process your future extension or at time of GC processing and make you illegal retroactively. If in doubt consult a good independent attorney.

            This is my opinion not legal advice.

            Comment


            • #7
              Originally posted by raghvi View Post
              Could be that this information was never disclosed in the H1 application to USCIS. USCIS is not responsible for calculating the days you have spent in US . Its yours and your employer's responsibility to ensure that rules are being followed and that they are being adhered to. Even if USCIS and subsequently the consulate, and POE granted you entry, based upon the information that you provided to them, they did in good faith that you know what you are doing is valid . I would not advise that you assume that a potential error on their part can be construed as a license to overshoot your stay requirements. They will eventually find out when you process your future extension or at time of GC processing and make you illegal retroactively. If in doubt consult a good independent attorney.

              This is my opinion not legal advice.
              Thanks again for the response. This is really helpful & cleared all my doubts.

              Comment

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