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cvarghe

Urgent !! Cooling period on L1- H1 converted visa & stay validity on Extn

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Dear Murthy Firm ,

Need you advice urgently.

I was in USA on L1B from May 2007 till August 2011 ( 4 years, 3 months). I reached India and filed L1 to H1B Change Of Status petition in same month (Aug 2011),  which got approved on Jan 2012 , valid till May 2013 ( 1 years, 5 months).  I was in India from Aug 2011 till end of Feb 2013 and came to US on Mar 2013 , and applied for extension before the visa expiry (ie., on 20 May 2013) and got extension for 3 years (ie., until May 2016 ).

 

Kindly clarify the below questions:-

 

1.)  Is the period , I was in India (between Aug 2011 to Mar 2013) considered as 365 days cooling period so that max out clock is reset. Does  the visa extension I received now for 3 years allow me to stay for the full 3 years (ie., until May 2016 ) ?

 

2.) Or is it valid only for the remaining period of my H1B  ( ie., 1 year 5 months ) ? . Since I came on H1B on Mar 2003 , its already 11 months,  I am concerned if I have to go back to India in next 6 months !!

 

Kindly help me with clarification on this matter. And could you suggest of any options to continue stay in US

 

Thank you so much.

Varghese.

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Dear Murthy Firm ,

Need you advice urgently.

I was in USA on L1B from May 2007 till August 2011 ( 4 years, 3 months). I reached India and filed L1 to H1B Change Of Status petition in same month (Aug 2011),  which got approved on Jan 2012 , valid till May 2013 ( 1 years, 5 months).  I was in India from Aug 2011 till end of Feb 2013 and came to US on Mar 2013 , and applied for extension before the visa expiry (ie., on 20 May 2013) and got extension for 3 years (ie., until May 2016 ).

 

Kindly clarify the below questions:-

 

1.)  Is the period , I was in India (between Aug 2011 to Mar 2013) considered as 365 days cooling period so that max out clock is reset. Does  the visa extension I received now for 3 years allow me to stay for the full 3 years (ie., until May 2016 ) ?

 

2.) Or is it valid only for the remaining period of my H1B  ( ie., 1 year 5 months ) ? . Since I came on H1B on Mar 2003 , its already 11 months,  I am concerned if I have to go back to India in next 6 months !!

 

Kindly help me with clarification on this matter. And could you suggest of any options to continue stay in US

 

Thank you so much.

Varghese.

No, your clock did not reset. Your clock would reset only if your new H1B petition was filed after being outside US for 365 days. Since it was filed within 365 days you would get 6 years - time spent on L1B.

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No, your clock did not reset. Your clock would reset only if your new H1B petition was filed after being outside US for 365 days. Since it was filed within 365 days you would get 6 years - time spent on L1B.

OP has got extension till May -2016. So in accordance to his L1 stay and this extension OP has Visa of 7+ years. Assuming he did not get PERM/I40, how is it possible without reset of clock ?

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OP has got extension till May -2016. So in accordance to his L1 stay and this extension OP has Visa of 7+ years. Assuming he did not get PERM/I40, how is it possible without reset of clock ?

USCIS sometime does this in error. It is absolutely imperative for OP to leave US once 6 years has been completed on H1B, if no PERM/I140 has been approved. OP could always crosscheck this with his employer's attorney.

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USCIS sometime does this in error. It is absolutely imperative for OP to leave US once 6 years has been completed on H1B, if no PERM/I140 has been approved. OP could always crosscheck this with his employer's attorney.

Thanks for clarification.. 

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On 1/8/2014 at 9:38 PM, cvarghe said:

Dear Murthy Firm ,

Need you advice urgently.

I was in USA on L1B from May 2007 till August 2011 ( 4 years, 3 months). I reached India and filed L1 to H1B Change Of Status petition in same month (Aug 2011),  which got approved on Jan 2012 , valid till May 2013 ( 1 years, 5 months).  I was in India from Aug 2011 till end of Feb 2013 and came to US on Mar 2013 , and applied for extension before the visa expiry (ie., on 20 May 2013) and got extension for 3 years (ie., until May 2016 ).

 

Kindly clarify the below questions:-

 

1.)  Is the period , I was in India (between Aug 2011 to Mar 2013) considered as 365 days cooling period so that max out clock is reset. Does  the visa extension I received now for 3 years allow me to stay for the full 3 years (ie., until May 2016 ) ?

 

2.) Or is it valid only for the remaining period of my H1B  ( ie., 1 year 5 months ) ? . Since I came on H1B on Mar 2003 , its already 11 months,  I am concerned if I have to go back to India in next 6 months !!

 

Kindly help me with clarification on this matter. And could you suggest of any options to continue stay in US

 

Thank you so much.

Varghese.

I am in the same boat as yours , In my case also only 6 month remaining by combining L1B+H1B, however I got stamped Visa till Sep 2019. What should I do?

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