Six (6) Year H1B maximum cap duration calculation


sje

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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

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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

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