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H1B maxout question

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  • H1B maxout question

    Hi All,

    I am looking for advise on my maxout. I am now in US since 2016 December on L1B visa and the same is expiring in December 2021 which is also the maxout as L1B maxout is 5 years. Several years back I travelled to US on H1B and spent 1 year from March 2012 to March 2013 and then went back to India and worked there until I came back to US on L1B visa in December 2016. So, there is a 3 year 6 months gap between my H1B and L1B travels.

    I am planning to convert to H1B this year (through lottery if I am lucky). The question I have is, if I convert to H1B now, what would be my max out? Is the time I spent on H1B back in 2012-2013 is also considered while calculating the H1B maxout now? my understanding is that it will not be added to current maxout since I spent 3+ years outside of US after my initial travel to US on H1B. is this understanding correct?

    if the old time of 1 year is added to maxout then even if I convert to H1B, still my maxout will be Dec 2021 which may not help me much. if the old time is not considered then I will get 1 more year from Dec 2021 and the maxout date would be sometime in Dec 2022. Please help me understand this better so that I can pursue options. thank you.

  • #2
    Hi,
    Please see my response below.
    I am planning to convert to H1B this year (through lottery if I am lucky). The question I have is, if I convert to H1B now, what would be my max out? Is the time I spent on H1B back in 2012-2013 is also considered while calculating the H1B maxout now? my understanding is that it will not be added to current maxout since I spent 3+ years outside of US after my initial travel to US on H1B. is this understanding correct?
    Answer: Since you are going to through your H1B again under quota, you will have again 6 years of H1B in your H1B account. So, previously utilized H1B days will not be counted for new H1B.
    Thanks

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