Calculating total duration of stay in US

[dursley]

My wife & I came to the US in 2008 on separate L1-B visas. In 2011, my L1-B renewal was denied & I had to return to my home country. I came back after a few months to the US on L2 as my wife was still in the US on L1B. In 2012, after working for more than 1 year on L2, I filed for an L2 to L1-A conversion which was approved for 3 years. Meanwhile, my wife converted from L1-B to L2 as she wanted to resign.
Question: Is my current L1-A tenure considered a new tenure for 7 years from date of approval (Oct 2012)? If my wife who is currently on L2 decides to go back to work will she be eligible for an H1?

[raghvi]

My wife & I came to the US in 2008 on separate L1-B visas. In 2011, my L1-B renewal was denied & I had to return to my home country. I came back after a few months to the US on L2 as my wife was still in the US on L1B. In 2012, after working for more than 1 year on L2, I filed for an L2 to L1-A conversion which was approved for 3 years. Meanwhile, my wife converted from L1-B to L2 as she wanted to resign.
Question: Is my current L1-A tenure considered a new tenure for 7 years from date of approval (Oct 2012)? If my wife who is currently on L2 decides to go back to work will she be eligible for an H1?

Simple rule to follow in order to calculate the duration. L1B - 5 Years, H1 - 6 Years, L1A - 7 Years. L1+H1 - 6 Years. These periods do not get reset if you dont spend one full continuous year outside US. It doesnt matter on which status you stay in US, the period will get reset only if you are physically outside US for 1 Year.

As you didnt spend one full continuous year outside US, you current L1A tenure would not be for 7 Years it can be for max 7 Years minus time already spent only on L1B status (not L2).

Similarly for your spouse, as she didnt spend one full year outside US, if she has exhausted 5 Years on L1B she would be eligible for 1 Year H1 as L1+H1 is max 6 Years, if less than 5 Years on L1B then she would be eligible for 6 minus time spent on L1B (again not L2)....

This is my opinion not legal advice.