Maxout for H1B Capexempt with L1+H1B.

[BALAN_K]

Hi,

I entered US on April 5 2006 in L1B visa, applied via employer-A.

L1B duration: April 5 2006 to October 2008. 

In October 2008 while i was in US, converted my visa status from L1B to H1B via employer-B and started work for employer-B.

I was in H1B status starting from November 2008 to February 2011.

I left US in Feb 24 2011 and joined employer-C in India.

Employer-C filed H1B cap exempt on Feb 10 2017 and I entered US on Sep 7 2018.

Currently i have H1B expiry date as Dec 3 2019.

Let me know whether L1B duration also be included for H1B maxout calculation.

Please let me know whether I can apply for H1B extension now (or) my H1B maxed out and won't be able to go for extension.

I haven't gone for Green card processing yet.

Can you please advise.

[JoeF]

The time on L1 and H1 is combined.

[User099]

As far I know L1B duration will not be counted towards H1B.

You get a total of 6 Years on H1, so do the math.

[JoeF]

4 hours ago, User099 said:

As far I know L1B duration will not be counted towards H1B.

You get a total of 6 Years on H1, so do the math.

Sorry, that's wrong. The time on L1 and H1 is combined. That's been the law for at least 10 years. 8 CFR 214.2(h)

[User099]

I guessed it, but was not sure. But thanks for correcting me.

9 hours ago, JoeF said:

Sorry, that's wrong. The time on L1 and H1 is combined. That's been the law for at least 10 years. 8 CFR 214.2(h)

 

[gopalakrishnach]

This is education for me. I thought L1 and H1B timeline are different. I was wrong.

[BALAN_K]

Thanks a lot for the response.

Can you also please let me know on the below query as well.

For H1B cap exempt petition filed by employer-C, initial I-797B document was valid from Feb 10 2017 to June 15 2019, which computes to a total of 855 days (or) 2.3 years.

In actual, I entered US only on Sep 7 2018.

Applied for H1B extension on June 14 2019 and extension was granted only till Dec 3 2019.

Number of days actually spent in H1B = 452 days (or) 1.23 years.

Considering the initial I-797B document, number of days pending to stay in H1B = 855 – 452 = 403 which is around 1 year 2 months.

Under the above scenario, please let me know whether we can go for H1B extension.

[JoeF]

Only the time actually spent in the US counts. If that is less than 6 years you can get an extension for the remainder.

[BALAN_K]

Hi,

There is a twist in my case.

Please carefully read the below scenario and respond.

For clarity, explaining again along with the missed scenario of H1B new petition (subject to cap) filed by employer-C , which i didn't travel at all. 

I entered US on April 5 2006 in L1B visa, applied via employer-A.

L1B duration: April 5 2006 to October 2008. 

Number of Days spent in L1B - 940 days - 2.5 years

In October 2008 while I was in US, converted my visa status from L1B to H1B via employer-B and started work for employer-B.

I was in H1B status starting from November 2008 to February 2011.

Number of Days spent in H1B with employer-B - 845 days - 2.3 years

I left US in Feb 24 2011 and joined employer-C in India.

Employer C filed H1B New petition subject to cap in Sep 2012 and was approved from Oct 01 2012 to Feb 3 2015.

I didn't travelled to US anytime during the above period (Oct 01 2012 to Feb 3 2015).

Employer-C again filed H1B cap exempt petition in Dec 2016 and I-797 was valid from Feb 10 2017 to June 15 2019.

Number of days approved to stay in H1B with employer-C : 855 days - 2.3 years. 

I entered US only on Sep 7 2018.

Applied for H1B extension on June 14 2019 and extension was granted only till Dec 3 2019.

Currently, I have H1B expiry date as Dec 3 2019.

Number of days spent in H1B with employer-C : 452 days - 1.23 years.

Under this scenario, 

1. Whether this H1B cap exempt petition filed by employer-C need to consider L1 and H1B duration spent with employer-A and employer-B ?

2. Please let me know whether I am eligible to go for H1B extension.

Thanks,
Balan