H1B got 6 years or less - Special case of L1B to H1B


Maitray Modi

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Hello All,

Below are my USA entry and exit dates along with type of Visa –

From (IN) (mm/dd/yyyy)

To (OUT) (mm/dd/yyyy)

Status entered

H1/L1/B1 etc

3/30/2014

1/8/2019

L1B

2/6/2019

N/A

H1B

 

My current H1B Visa and Petition is valid till 3/29/2020. On this date, it will max out - as total 6 years of stay will over, jointly on L1B and H1B.

Question:

After staying out of USA for one year, starting from 30-March-2020 (e.g. till 29-March-2021), am I eligible for getting remaining unused period of H1B (roughly 4.75 year)?

I mean, will I eligible for cap exempt extension for remaining tenure of my H1B?

Or Else

My H1B petition will end on 29-March-2020 with no further extensions?

Please Note:

At the time of applying for H1B (on 1st April 2018), I was in USA and my H1B petition was filed under consular processing (not ‘change of status’). Hence I went to India for stamping and entered (on 6th Feb 2019) in USA on H1B.

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