Maxout for H1B capexempt with L1 and H1B in the past

[balank]

Hi,

I entered US on April 5 2006 in L1B visa, applied via employer-A.

L1B duration: April 5 2006 to October 2008.

Number of Days spent in L1B - 940 days - 2.5 years

In October 2008 while I was in US, converted my visa status from L1B to H1B via employer-B and started work for employer-B.

I was in H1B status starting from November 2008 to February 2011.

Number of Days spent in H1B with employer-B - 845 days - 2.3 years

I left US in Feb 24 2011 and joined employer-C in India.

Employer-C filed H1B cap exempt petition and I-797 was valid from Feb 10 2017 to June 15 2019.

Number of days approved to stay in H1B with employer-C : 855 days - 2.3 years.

In actual, I entered US only on Sep 7 2018.

Applied for H1B extension on June 14 2019 and extension was granted only till Dec 3 2019.

Currently, I have H1B expiry date as Dec 3 2019.

Number of days spent in H1B with employer-C : 452 days - 1.23 years.

Adding L1B (employer-A) + H1B (employer-B) + H1B (employer-C)

2.5 + 2.3 + 1.2 = 6 years.

I haven't gone for Green card processing yet.

Under this scenario, I have below queries.


1. Let me know whether L1B duration should also be included for H1B cap exempt max out calculation ?

2. Let me know whether I can go for H1B extension now ?

3. Whether my H1B already maxed out and won't be able to go for extension.

Can you please advise.


Thanks,
Balan

[scientist2016]

1. Yes.
2. No
3. Yes you will not be eligible for an extension.

[balank]

Thanks a lot for the response.

Can you also please let me know on the below query as well.

For H1B cap exempt petition filed by employer-C, initial I-797B document was valid from Feb 10 2017 to June 15 2019, which computes to a total of 855 days (or) 2.3 years.

In actual, I entered US only on Sep 7 2018.

Applied for H1B extension on June 14 2019 and extension was granted only till Dec 3 2019.

Number of days actually spent in H1B = 452 days (or) 1.23 years.

Considering the initial I-797B document, number of days pending to stay in H1B = 855 – 452 = 403 which is around 1 year 2 months.

Under the above scenario, please let me know whether we can go for H1B extension.

[balank]

Hi,

There is a twist in my case.

Please carefully read the below scenario and respond.

For clarity, explaining again along with the missed scenario of H1B new petition (subject to cap) filed by employer-C , which i didn't travel at all.

I entered US on April 5 2006 in L1B visa, applied via employer-A.

L1B duration: April 5 2006 to October 2008.

Number of Days spent in L1B - 940 days - 2.5 years

In October 2008 while I was in US, converted my visa status from L1B to H1B via employer-B and started work for employer-B.

I was in H1B status starting from November 2008 to February 2011.

Number of Days spent in H1B with employer-B - 845 days - 2.3 years

I left US in Feb 24 2011 and joined employer-C in India.

Employer C filed H1B New petition subject to cap in Sep 2012 and was approved from Oct 01 2012 to Feb 3 2015.

I didn't travelled to US anytime during the above period (Oct 01 2012 to Feb 3 2015).

Employer-C again filed H1B cap exempt petition and I-797 was valid from Feb 10 2017 to June 15 2019.

Number of days approved to stay in H1B with employer-C : 855 days - 2.3 years.

I entered US only on Sep 7 2018.

Applied for H1B extension on June 14 2019 and extension was granted only till Dec 3 2019.

Currently, I have H1B expiry date as Dec 3 2019.

Number of days spent in H1B with employer-C : 452 days - 1.23 years.

Under this scenario,

1. Whether this H1B cap exempt petition filed by employer-C need to consider L1 and H1B duration spent with employer-A and employer-B ?

2. Please let me know whether I am eligible to go for H1B extension.

Thanks,
Balan

[scientist2016]

1. Yes.
2. No.