sje Posted April 23, 2017 Report Share Posted April 23, 2017 Can someone clarify how to calculate 6 Year H1B maximum cap duration for the below scenario. 1. A person 'A' applied for a L1B visa and obtained it between Apr-2007 and Apr-2010 (Call it as 1st L1B visa). Using this visa the person 'A' travelled to USA and worked between Aug-2008 and Oct-2008 for around 2 months and then returned to home country. 2. Again the person 'A' applied for a new L1B visa and obtained it between May-2010 and Mar-2013 (Call it as 2nd L1B visa). Using this visa the person 'A' travelled to USA and started working from Nov-2011. During this travel at port of entry the i-94 end date was given as Nov-2014 3. Again the person 'A' applied for H1B visa in Apr 2014 while still working in USA and converted to H1B Visa from Oct-2014. 4. So the person 'A' worked in the USA for 2 months between Aug-2008 and Oct- 2008 in the 1st L1B visa. Again the person 'A' started working in the USA from Nov-2011 through the 2nd L1B visa and continuing to work through the H1B visa. To calculate the 6 year H1B maximum cap duration - whether the time spent by the person 'A' working in the USA from Nov-2011 through the 2nd L1B visa and then through the H1B visa alone is required or - whether its required to also include the time spent by the person 'A' working in the USA between Aug-2008 and Oct-2008 through the 1st L1B visa Thanks for the reply Link to comment
JoeF Posted April 24, 2017 Report Share Posted April 24, 2017 The clock resets if the person is abroad for at least a year and after that year abroad, a new L1 or H1 petition is filed. It has to be a new one, not a transfer. Link to comment
sje Posted April 27, 2017 Author Report Share Posted April 27, 2017 On 4/23/2017 at 8:40 PM, JoeF said: The clock resets if the person is abroad for at least a year and after that year abroad, a new L1 or H1 petition is filed. It has to be a new one, not a transfer. Thanks for the response Link to comment
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