How is 6yrs stay considered.


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  • I came to US on L1-B status in 2010 through Employer A
  • Employer X had applied for a H1-B in Apr - 2013. but it wasn't approved by the time my L1-B legal stay expires( didn't apply for L1-B extension )
  • I returned to India in Dec-2013 and continued working with Employer A
  • Jan-2014 the H1-B was approved (I 797-B)
  • But I still continued working for Employer A in India.
  • May 2015, Employer A applied an Out of cap H1-B ( based on the cap subjected H1-B that was applied by Employer X ) which got approved in June 2015.
  • I came back to US in July 2015.

Now my question is, will my stay on L1-B status be counted for the 6yrs allowed stay or will it start from the day I started working in US on H1B status considering

  1. I never worked for employer X who initially applied for cap subject H1-B

  2. The time gap between my L1-B exit date and my entry into US on H1 status is about 1.5 yrs.( does the clock reset here )



If L1-B stay is also counted I'll have till Dec 2017 for 6 years to complete. 


My Current H1-B is due for extension in Oct-2017. Is there something that I've to take care of while applying for extension.


Please advise.

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