Muthu Palaniappan Posted November 16, 2011 Report Share Posted November 16, 2011 I have been in US on following dates and visa L1B - June 18, 2005 to June 18, 2006 L1B - July 7, 2006 to Jan 23, 2008 L1B - Feb 4th, 2008 to Aug 23, 2008 L1A - Aug 3, 2009 to till date I have been out of US for a cummulative period of more than 365 days, before I travelled here on my last trip on Aug 3, 2009. If I apply for H1, will i be starting the counter of 6 years from August 3, 2009 or June 18, 2005? Please someone help me in answering this question Link to comment
pontevecchio Posted November 16, 2011 Report Share Posted November 16, 2011 6 years minus time in L1 status after August,3 2009. Link to comment
livliv Posted November 16, 2011 Report Share Posted November 16, 2011 Unfortunately that is not how it works. You have to be outside the US immediately before H1 under new cap is filed to qualify for getting fresh 6 years. Stay in L1 status counts towards the 6 year limit. The stay outside has to be continuous with exception of short trips (in Visitor status) and trip duration cannot be counted in the 1 year. You seem to have used close to 5 and half years of L1 time already. So your best bet is to file L1 extension as L1A allows 7 years. Link to comment
hpagey Posted November 16, 2011 Report Share Posted November 16, 2011 According to my understanding, pontevecchio is correct on this one. Link to comment
JoeF Posted November 16, 2011 Report Share Posted November 16, 2011 According to my understanding, pontevecchio is correct on this one. Nope. The person was not outside the US for one year between the L1B and L1A. Aug. 23, 2008 to Aug. 3, 2009 is less than 365 days according to the calendar I have... Link to comment
pontevecchio Posted November 16, 2011 Report Share Posted November 16, 2011 I really should stop answering questions which obfuscate the issue and make us do the math.Obviously AUgust,3 2009 is not more than one year distant from AUgust,23,2008. Methinks the Op wants to jump ship without his employers knowing. Link to comment
Muthu Palaniappan Posted November 17, 2011 Author Report Share Posted November 17, 2011 I really should stop answering questions which obfuscate the issue and make us do the math.Obviously AUgust,3 2009 is not more than one year distant from AUgust,23,2008. Methinks the Op wants to jump ship without his employers knowing. But even though it is from August 2, 2008 to August 3, 2009 - can the before periods (June 18, 2006 to July 2006 and Jan 23 2009 to Feb 4 2009), when I was outside US can be counted for the required 365 days out of US? Link to comment
JoeF Posted November 17, 2011 Report Share Posted November 17, 2011 But even though it is from August 2, 2008 to August 3, 2009 - can the before periods (June 18, 2006 to July 2006 and Jan 23 2009 to Feb 4 2009), when I was outside US can be counted for the required 365 days out of US? No. That's not how this works. You would have to be outside the US for one year, and that one year can only be interrupted by short visits with a B1/B2. If you enter on L1 or H1, you reset the 1 year. Link to comment
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