H1B 6 years tenure will include L1B stay of US even though stayed out side USA for 391 days.

[Prashant2Vision]

Hi,

 

I had L1B visa and I traveled intermittently on L1 finally exited on L1B on March 18 2013.

In that same year I filed fresh H1B and got it stamped on feb 2014. Traveled USA ON H1B in April 13 2014 which is more than 1 year gap. I want to know if my L1B stay will be included in my h1b 6 years tenure?

Thank you.

[JoeF]

It matters when the H1 was filed, not when you entered with the H1.

Since the H1 was apparently filed less than a year after you left the clock did not reset, so the time on L1 counts towards the 6 years.

[adshah84]

Yes your L1B stay will be included in your h1b 6 years tenure. 

To get all 6 years you need to be out of country full 365 days before you apply for H1b 

[gopalakrishnach]

if my L1B stay will be included in my h1b 6 years tenure?  - Yes.

[Prashant2Vision]

Thank you for the response.

I have my H1B visa valid till 9 July 2019 and my employer applied extension which will be more 35 days that is around till 13 Aug 2019.

My spouse is having valid H1B so I wanted to convert on H4 Change of Status post 13 Aug 2019 so that there will be no illegal stay in USA.

So I need help on my below questions , 

1. Is it okay to apply both at this time like, H1B extension which is my employer already filled and at the same time H1 to H4 COS (Change of Status) ?

2. Can I legally stay in USA post 13 Aug 2019 while my H1-H4 COS (change of status) is in process ? or the COS status need to be approved to legally stay in USA post 13 Aug 2019 ?

3. How much time it will take to approve H1 to H4 change of status ? and when will be better to apply it ?

Thank you again.

Edited July 1, 2019 by Prashant2Vision

[vp26497]

No this should not be considered, similar case was one of friend and he is continuing on H1B