H1B 6 years validity period

asbhaskar

By asbhaskar,
in H1B : General

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asbhaskar Newbie

asbhaskar

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I came to US in October 2012 on L1B visa and while in US I applied for H1B which was picked in lottery in April 2014. I returned to India in May 2014 and got my H1B visa stamped in December 2014.

I came back to US on my H1B visa in January 2016.

Question is,  my 6 years on H1B will start from January 2016? Will my L1B period also be included in 6 year term after January 2016?

Thanks in advance for your responses. 

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raghavapudi Advanced Member

raghavapudi

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Did you do a L1 to H1 change of status or you remained In L1 status after your H1 approval ? 

Anyways,  since you remained out of USA for more than a year your max out clock gets reset and if you had requested L1 to H1 as change of status then you will have remaining time if not it is complete six years. 

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JoeF Advanced Member

JoeF

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3 hours ago, raghavapudi said:

Did you do a L1 to H1 change of status or you remained In L1 status after your H1 approval ? 

Anyways,  since you remained out of USA for more than a year your max out clock gets reset

Sorry, but that's wrong.

For the clock to reset, he had to be outside the US for a year by the time the H1 was FILED. That is not the case, in fact, his H1 was filed while he was in the US on L1, so the time on L1 and H1 combined can not be more than 6 years. Date of entry on the H1 is completely irrelevant.

 

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raghavapudi Advanced Member

raghavapudi

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Thanks  JoeF for the clarification  . Can you please look in to my below situation and see if you have a view :

Employer A Filed CAP counted H1 in 2011 , Petition approved  Visa denied due to Employer A's financial issues.  - This Duration or petition is never used . 
Employer B filed CAP Counted H1 in 2012 , Petition approved, Visa Approved . Travelled to USA 06/2012 and worked for 13 months and went back to India in 2013 August.

With recapturing the missing time on my Employer B's H1,  my max out is 02/2020.

Now the question is Can Employer B use Employer A's petition to get additional year as I was out of USA for momre than a year as below, for 534 days After my 2nd Trip ? 

Entry      Date Entered    Date Exited USA        Days In the Country      Days outside USA
1St trip    15-Jun-12        15-Sep-12                                      92                        15
2nd Trip    1-Oct-12        16-Aug-13                                     319                        534
3nd Trip    2-Feb-15       20-Aug-16                                     565                        20
4th Trip    10-Sep-16       8-Aug-18                                      697                        29
5th Trip    7-Sep-18                                                          Ongoing

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adshah84 Advanced Member

adshah84

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4 hours ago, raghavapudi said:

Thanks  JoeF for the clarification  . Can you please look in to my below situation and see if you have a view :

Employer A Filed CAP counted H1 in 2011 , Petition approved  Visa denied due to Employer A's financial issues.  - This Duration or petition is never used . 
Employer B filed CAP Counted H1 in 2012 , Petition approved, Visa Approved . Travelled to USA 06/2012 and worked for 13 months and went back to India in 2013 August.

With recapturing the missing time on my Employer B's H1,  my max out is 02/2020.

Now the question is Can Employer B use Employer A's petition to get additional year as I was out of USA for momre than a year as below, for 534 days After my 2nd Trip ? 

Entry      Date Entered    Date Exited USA        Days In the Country      Days outside USA
1St trip    15-Jun-12        15-Sep-12                                      92                        15
2nd Trip    1-Oct-12        16-Aug-13                                     319                        534
3nd Trip    2-Feb-15       20-Aug-16                                     565                        20
4th Trip    10-Sep-16       8-Aug-18                                      697                        29
5th Trip    7-Sep-18                                                          Ongoing

No you can not use that. 1st because you never worked on that petition 2nd you have to stay out of USA before you apply again in CAP 

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JoeF Advanced Member

JoeF

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10 hours ago, raghavapudi said:

Thanks  JoeF for the clarification  . Can you please look in to my below situation and see if you have a view :

Employer A Filed CAP counted H1 in 2011 , Petition approved  Visa denied due to Employer A's financial issues.  - This Duration or petition is never used . 
Employer B filed CAP Counted H1 in 2012 , Petition approved, Visa Approved . Travelled to USA 06/2012 and worked for 13 months and went back to India in 2013 August.

With recapturing the missing time on my Employer B's H1,  my max out is 02/2020.

Now the question is Can Employer B use Employer A's petition to get additional year as I was out of USA for momre than a year as below, for 534 days After my 2nd Trip ? 

Entry      Date Entered    Date Exited USA        Days In the Country      Days outside USA
1St trip    15-Jun-12        15-Sep-12                                      92                        15
2nd Trip    1-Oct-12        16-Aug-13                                     319                        534
3nd Trip    2-Feb-15       20-Aug-16                                     565                        20
4th Trip    10-Sep-16       8-Aug-18                                      697                        29
5th Trip    7-Sep-18                                                          Ongoing

No, that's not possible. Employer A's H1 is completely out of the picture. That was gone as soon as employer B's H1 got approved.

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asbhaskar Newbie

asbhaskar

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On 4/1/2019 at 1:57 PM, raghavapudi said:

Did you do a L1 to H1 change of status or you remained In L1 status after your H1 approval ? 

Anyways,  since you remained out of USA for more than a year your max out clock gets reset and if you had requested L1 to H1 as change of status then you will have remaining time if not it is complete six years. 

Thanks Raghavapudi - After I got my H1B in lottery, I left for India and I got consulate processing in Dec 2014, after getting my approval in Nov 14. After getting stamped in Dec 14, I traveled on H1B visa in Jan 16. Thanks 

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