H1 to L1 and again H1 - Cooling period / Max out date


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Need you advice urgently.


1) I was in USA with Employer A on H1B from Sep 2006 till October 2007 ( 1 year, 1 month in US) (petition from 10/01/2005 - 04/18/2008)

2) My employer A did my visa conversion to L1B and I was in US on L1B (petition from 12/30/2006 - 12/29/2009)

          from November 2007 till April 2008 (5 months) 

          from October 2008 till October 2009 (1 year)

3) I was in India from Nov 2009 till Jun 2012

4) My H1B petition was approved and petition valid from 02/16/2012 - 09/30/2014 (my case was pursued under non-quota)

5) I was in US from Jun 2012 till Jun 2013 (1 year)

6) Moved back to India for 6 months

7) Came back in Dec 2013 and staying till date (2 years, 8 months)

8) Changed 2 employers and my current extended petition is from 11/5/2015 - 7/1/2018

9) I went for stamping in Feb 2016, and my current stamp and I94 is valid till 7/1/2018


My current employer started GC process and I would like to double check on Max out date before he files it. 


Kindly clarify the below questions:-


1) Is the period , I was in India (between Nov 2009 to May 2012, almost 2 years and 7 months) considered as cooling period so that max out clock is reset. 

2) Does  the visa extension / stamping I received now is valid and I can stay until Jul 2018?

3) What would be my max out date/year?



Kindly help me with clarification on this matter.


Thank you so much.


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Thanks Joe, for your response.


Are you saying that as my H1B petition was approved on 02/16/2012, its filed under cap-exemption and its not a New one? 

If thats the case, when I went for stamping in Feb 2016, why did embassy grant me VISA until 07/2018?


If the clock is not reset, my max out date was last month (Jul' 16). I am kind of worried and request your quick response.

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  • 1 year later...

Mahesh ,  are you still in usa?   is your clock got reset  for h1b?

can you help me in my case -

Currently I am in USA with H1B visa, before that I have been in USA for 2 years and 2 months on L1B visa. 

My USA entry and exit details are - 

Entry Date                              Exit Date                             VISA Type

4 April 2012                            30 June 2014                          L1B

1 May 2016                                                                              H1B

My current H1B was filed on 02 Apr 2014 quota when I was in US on L1B.  please let me know whether my L1B stay of 2 years and 2 months will be included in my H1B max out of 6 years or not.

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