H1b Max Out Calculation


bisreeni123

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Posted


I was on L1 Individual visa during the period 2007 to 2010 and L1 B from 2010 to 2013 with company A.I got New H1b in 2013 CAP with Company B.

need your help in determining how my H1B 6 years stay will be counted.

Below are are the Travel dates and number of months stayed on different visas.            
            
Aug,12,2007    Oct,13,2007    L1 Indiviual    2
Jun,21,2009    Sep,27,2009    L1 Indiviual    3
July,05,2010    April,30,2011    L1 Blanket    9
Dec,16th,2012    April,5th,2013    L1 Blanket    4
Mar,6h,2014    2nd,Oct,2014    H1B    7
11th,Jan,2015    24th,Nov,2015    H1B    11
12/22/2015    5,march,2015    H1B    3
13th,May,2016    Nov,2016        6
 

Posted

Irrespective of any VISA you stayed in USA, you have to calculate only for h1b duration and also 

Here are some exceptions that might help you:

You have a labor certification that was filed more than 365 days ago that’s been approved AND a pending I-140 (“Green Card”) petition - you’re eligible for a seventh year
Your employer filed a labor certification that’s been pending for 365 days - you’re eligible for a seventh year
Your I-140 petition was approved - you’re eligible for a three year extension no matter how long your labor certification has been pending.

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