Question on H1-B

[rpa123]

I am currently in the US and my period of stay in US is as follows:

1. June 2006 to Feb 2007 --> H1-B (Approx 8 months)
2. May 2007 to June 2007 --> H1-B (Approx 2 months)
3. Aug 2008 to till date --> L1-B (I-94 valid till Aug 2011)

Both my H1-B and L1-B are sponsored by my Indian IT company.

My questions are:

1. When my Indian IT company is applying for renewing/extending the L1-B during 2011, how long am I eligible to get the extension for? Will it be 2 years or 1 year?

2. If I want to switch my job in US, I know I need to go for an H1-B. So, if somebody (new employer) sponsors me H1-B, how long will I get H1-B for? Will it be 6 years or something less than that?

Please let me know.

[shervin143]

H1B + L1 in total is for 6 years. You can keep applying for the extension until you reach the 6 year limit. In order to get a fresh 6 year term, you will need to stay out of the country for 1 whole year and then apply a fresh H1B in the new quota.

[rpa123]

Thanks Sherwin for your quick response. If you see the gap between my period of stay in L1-B and H1-B, there is an Indian stay of more than a year. So, discounting the H1-B stay, am I not eligible to stay for a max of 5 years in L1-B starting from Aug 2008?

[shervin143]

If you have used the same petition to travel back, then the clock won't reset. Like I mentioned, it has to be a fresh H1B on a new quota after staying out of the country for 1 year to get a fresh 6 year term.

Thanks Sherwin for your quick response. If you see the gap between my period of stay in L1-B and H1-B, there is an Indian stay of more than a year. So, discounting the H1-B stay, am I not eligible to stay for a max of 5 years in L1-B starting from Aug 2008?