Six Years stay calculation

[Be_Happy]

Dear friends/Experts,

 

Need your help/advice on below query on how six years of stay in USA is calculated. My details of stay and h1B applied dates are as below,

 

L1B - June/2013 to June/2015 ( 2 Years in USA)

L1B - July/2015 to May/2016 ( 10 Months in USA)

 

H1B Applied – Apr-2016 ( While I was in USA, H1B is applied), I returned to India May-2016 as my L1B validity was over.
India stay  from May-2016 to Oct-2017 till date( 1 Year 6 Months)
H1B  - Approval received – Sept-2017 (Direct Approval no RFE, though it is delayed)

 

Totally I had stayed in USA is 2 years 10 months.

Total stay out side USA – 1 Year 6 months

 

1) With my current H1B Approval how long I can stay in USA?

2) Since uscis delayed H1B approval, will it be accounted?

3) If my company processes GC, will I elegible for extended stay?

 

Kindly need your help on this. Please respond in details and provide where I get official details on this. Thanks in advance.

[pontevecchio]

You are entitled to three years and 2 months in H1 status. The total of L1 and H1 cannot exceed 6 years. The only way to get a fresh 6 years is to apply for a cap subject H1 petition at least one year after you leave.

[JoeF]

Your max time on H1 is 6 years minus the time in L1 status.

The clock did not reset, because the H1 was filed before you were abroad for a year. Approval delays are irrelevant for that.

If you have an approved I-140  before the max time on H1 is over, the H1 can of course be extended.

[Be_Happy]

14 hours ago, pontevecchio said:

You are entitled to three years and 2 months in H1 status. The total of L1 and H1 cannot exceed 6 years. The only way to get a fresh 6 years is to apply for a cap subject H1 petition at least one year after you leave.

Thanks JoeF and Ponte !