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Does 6 yrs cap of 'H' visa includes H4 stay as well?

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  • Does 6 yrs cap of 'H' visa includes H4 stay as well?

    While calculating 6 yrs of H1 visa cap, does USCIS consider applicant's stay period of H4?

    I came to US on H4 and was on H4 status for 4 months. Then switched to H1 status for 20 months. Does it mean I have utilized 24 months of my allotted 60 months' cap?

  • #2
    No. Only the time spend in U.S in H1B + L1 status counts against the 6 year period.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks for your reply Shervin!
      However I am a little confused. After posting here, I read few more articles/forum and here is what the conclusion was "The total time spend in H1B and H4 status toegther counts towards the 6 year limit (any time spent in L1 and L2 are also added)"

      Though I wish what you said comes true.
      I would appreciate if you/other members can share some useful links regarding this.

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      • #4
        Only H1 and L1 counts. H4 and L2 do not count.
        This is my opinion and not legal advice.

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        • #5
          thanks!

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