H1-B Maxout with prior L1 stay

[ANOOP129]

Hi,

I was on L1 initially and then moved to India in July 2011 since L1-B extension was rejected. Applied fresh L1-B in Dec 2011 but that too was rejected. Filed Fresh H1-B Petition in Apr 2012 which was approved and came back on fresh H1 in May 2013.

Please find below my stay information along;

Start Date in USA      Exit Date                 Visa Type
Mar 10, 2010              Jul 20, 2011            L1-B

May 25, 2013             Nov 10, 2013          H1-B
May 15, 2014             Ongoing                  H1-B

I am confused with opinions/views present on different website around inclusion or exclusion of L1 stay from max allowed 6 year on H1-B and wanted to see what applies in my case.

Please guide me on whether my L1 stay will be counted for H1-B 6 years max out calculation.

 

Thanks!

 

 

[JoeF]

It is pretty simple: The time on L1 and H1 is counted together for the maximum allowed stay. That's in the law.

The time only resets if you are abroad for a year and THEN a new H1 under the quota (or L1) is filed.

Since your H1 was filed before you had a year abroad, the time did not reset.

 

[pontevecchio]

Unless you stay out for one year and THEN a H1 petition is applied for and approved for a start date in October, the total time L1 plus H1 remains 6 years.

[ANOOP129]

On ‎10‎/‎7‎/‎2016 at 0:34 PM, JoeF said:

It is pretty simple: The time on L1 and H1 is counted together for the maximum allowed stay. That's in the law.

The time only resets if you are abroad for a year and THEN a new H1 under the quota (or L1) is filed.

Since your H1 was filed before you had a year abroad, the time did not reset.

 

Thanks Joe! This was my understanding too but my latest extension is approved beyond total of 6 years of stay. Does USCIS doesn't check at its end while approving validity on the petition

[JoeF]

18 hours ago, ANOOP129 said:

Thanks Joe! This was my understanding too but my latest extension is approved beyond total of 6 years of stay. Does USCIS doesn't check at its end while approving validity on the petition

Sometimes they make mistakes. Do not stay past the 6 years. Eventually, they will find out that this was an error, and if you stayed past the 6 years, they would make you illegal retroactively.

[ANOOP129]

2 hours ago, JoeF said:

Sometimes they make mistakes. Do not stay past the 6 years. Eventually, they will find out that this was an error, and if you stayed past the 6 years, they would make you illegal retroactively.

Thanks Joe...that helps

[vikas.nikuu]

Anoope , could you please confirm what happened in your case, I am also in same boat. did your h1b clock reset to 6 years ?