praju Posted November 14, 2016 Report Share Posted November 14, 2016 I entered US in 2009 Apr with L1 visa and moved out of US for good in 2012 Nov. There were few out/ins for vacation in this period. I applied for H1B in 2013 Apr via lottery but entered US with H1B in 2014 Jun. Now when applying for extension, how long can I request for extension ? Just wondering when My 6 yr term of H1B will be completed ? Attorney says I am completing my term with H1B in May 2017 as L1 stay period is also accounted. Thanks Link to comment
shekar11# Posted November 14, 2016 Report Share Posted November 14, 2016 Your attorney is right. You have to stay out of the country for more than a year and then apply for H-1. In your case you left in 2012 Nov and applied for H-1 in 2013 April which is less than a year. Link to comment
praju Posted November 15, 2016 Author Report Share Posted November 15, 2016 Thanks for the reply. Is there a law that states that year on which H1B was filed also gets accounted when H1B term is calculated even when stayed out of US ? This means that say a person files an H1B in April 2016 and gets it approved in Sep, 2016 but enters US only in Jan 2017. Are you saying that 6 year term clock gets set from April 2016 instead of Jan 2017 ? If yes, please share the link. Link to comment
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