swapsaraf Posted September 19, 2018 Report Share Posted September 19, 2018 Hi team, I had confusion on my max out date since I had 2 different types of visa i.e. L1B and H1B. I had received a fresh H1B while in India under H1B Cap. Type of Visa ( H-1, L-1B, L-1A, EAD) Date of Entry (Date when you entered U.S. physically) Date of Exit (Date when you left/departed US physically) L1B 5/22/2010 12/14/2010 L1B 4/24/2011 3/24/2012 L1B 10/28/2012 2/18/2013 H-1 1/26/2014 5/31/2014 H-1 6/10/2014 1/29/2015 H-1 8/16/2015 Till Date Question 1: With the 2 types of visa how is the max out calculated? My HR has mentioned that I will have to go back to my country now on 7th November 2018 for the cooling period of 365 days. They have considered the 6 years right from the L1B Visa entry date till current date while subtracting the days in between I was in my home country. Question 2: While coming back since I have used just 3 years of H1B can I use the same petition to come back to USA after a year or in case my I140 petition is approved while I am in my country do I have to go through the lottery system again Appreciate your time for reading this and helping me out with the query. Link to comment
JoeF Posted September 20, 2018 Report Share Posted September 20, 2018 Date of entry is irrelevant. What matters is the date when the H1 was filed. If it was FILED more than a year after you left the US, then and only then the clock would have reset. Link to comment
swapsaraf Posted September 20, 2018 Author Report Share Posted September 20, 2018 Oh Thank you for the reply. I am wondering how some of folks in my company stayed more than 6 years. They informed they had a change of status from L1B to H1B. Strange to me! Link to comment
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