H1B validity Question

[Daneesh]

Hi,

Please find my scenario. I was in L1 blanket from Jan 2012 to Jan 2015. Then went back to my country on Jan 2015. Then applied for H1B on April 2015. It got picked up in lottery 2015. But I traveled back to US on fresh H1B by May 2016. There was a gap of 1 year 5 months(Jan 2015- May 2016) between my L1B & H1B travel which i was out of country(USA). Just want to know whether that is consider to be reset. Am I eligible for 6 Complete year on my H1B visa?  

 

[rohang]

no reset. You applied (april 2015) for h1b before cooling off period.

[zoomzipper]

The time on L1 is not counted toward the 6 yr of H1. so you have 6 yrs from the day you started on H1. 

[Ask@Murthy]

On ‎4‎/‎19‎/‎2017 at 10:04 AM, Daneesh said:

Hi,

Please find my scenario. I was in L1 blanket from Jan 2012 to Jan 2015. Then went back to my country on Jan 2015. Then applied for H1B on April 2015. It got picked up in lottery 2015. But I traveled back to US on fresh H1B by May 2016. There was a gap of 1 year 5 months(Jan 2015- May 2016) between my L1B & H1B travel which i was out of country(USA). Just want to know whether that is consider to be reset. Am I eligible for 6 Complete year on my H1B visa?  

 

No, you applied H1 even before that 1 year cooling period. I doubt you have 6 years on H1. It will include your stay on L1 as well as your H1 was filed even before the 1 year mark.

[shekar11#]

20 hours ago, zoomzipper said:

The time on L1 is not counted toward the 6 yr of H1. so you have 6 yrs from the day you started on H1. 

That is wrong. Time spent on L-1 is counted.

[zoomzipper]

Ah.. that is correct.. I didnt know that either.

[JoeF]

As was already stated, time on L1 and H1 is combined.

The clock only resets if the person is abroad for at least a year and THEN a new H1 or L1 is filed. In other words, the day of filing has to be after the 1-year abroad mark.