H1B New - Maxout Calculation (Had L1B visa in the past)


shahcogni

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Hello,

I was holding L1-B in the past and entered US on Sep/2010 and had to leave US during May 2013 as my L1-B couldn't extended that time. 

I was working from India after this and later my company filed "H1B-New" visa for me and got approved in Oct 2014

I re-entered US again in Jan 2015 using "H1B-New" visa 

Question:
Would my "H1B-New" visa max-out calculation include my stay in US from my L1-B visa?
(or) 
my "H1B-New" visa max-out calculation would only start from Jan 2015 ?

Kindly clarify.

Many Thanks!

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The clock only resets if the new H1 is filed after the person has been abroad for a year.

If you left in May 2013, and the H1 was filed in April 2014, the clock did not reset for you. The date of entry doesn't matter, the date of filing the new petition matters.

So, your allowed time on H1 is 6 years minus the time spent on L1.

 

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17 hours ago, shahcogni said:

Hello,

I was holding L1-B in the past and entered US on Sep/2010 and had to leave US during May 2013 as my L1-B couldn't extended that time. 

I was working from India after this and later my company filed "H1B-New" visa for me and got approved in Oct 2014

I re-entered US again in Jan 2015 using "H1B-New" visa 

Question:
Would my "H1B-New" visa max-out calculation include my stay in US from my L1-B visa?
(or) 
my "H1B-New" visa max-out calculation would only start from Jan 2015 ?

Kindly clarify.

Many Thanks!

Yes, it would be included. Because you did not stay outside the country for more than 1 year before applying for new H-1. You departed May 2013, but you applied in April 2014 in lottery and start date is October 1st 2014 and came in Jan 2015. The point is not staying outside the country for more than 1 year for the clock to reset. Once you depart, you need to wait for 1 year before you apply for new H-1.

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