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Dipsar

H1 and L1 duration

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Hello all,

I have used 3 years of my L1 and came back in India in dec last year. Now my H1 is approved this year. My question is if I go for H1 stamping now, for how long I will get visa? Also if I take one year gap and go for stamping whether I will get 6 years on H1?

Thanks in advance

Regards

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Hello all,

I have used 3 years of my L1 and came back in India in dec last year. Now my H1 is approved this year. My question is if I go for H1 stamping now, for how long I will get visa? Also if I take one year gap and go for stamping whether I will get 6 years on H1?

Thanks in advance

Regards

You will get 3 years irrespective of whenever you go for stamping. To get 6 years of H1B your employer should have filed a cap subject H1B petition after you have stayed outside US for 365 days.

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You would only be able to stay on H1 for 3 years.

Not getting stamping for another year will not change that.

 

As has been posted lots of times here (next time, please do a search), you would only get the full 6 years if, AFTER a year abroad, a new H1 under the quota is FILED.

In your case, the H1 was filed before you were abroad for a year.

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Hello all,

I have used 3 years of my L1 and came back in India in dec last year. Now my H1 is approved this year. My question is if I go for H1 stamping now, for how long I will get visa? Also if I take one year gap and go for stamping whether I will get 6 years on H1?

Thanks in advance

Regards

The visa will be stamped depending on the petition.However , the max duration you can stay in US on H1 is 3 years since you have already spent 3 years on L1.

If you take a year gap and go for stamping the situation is the same.If you want to get 6 years the petition should be filed at least 365 days  since your last exit from US.

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Thank you for your reply. So to make sure I will write my understanding: since I came back in dec 2013, so in order to get full 6 years on H1, my employer should have applied for new H1 under next year (2016 cap),right? Means after staying outside US for one year which will be done dec 2014.

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Thank you for your reply. So to make sure I will write my understanding: since I came back in dec 2013, so in order to get full 6 years on H1, my employer should have applied for new H1 under next year (2016 cap),right? Means after staying outside US for one year which will be done dec 2014.

That is correct.

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