L1-B and H1-B - Max out date

[Mohan_Kumar_S]

Hi,

I stayed in US in L1-B visa close to 2 years till 08/29/2014. My L1-B extension got denied and went back to India on 08/29/2014. But the same year, my H1-B got approved in CAP (2014 H1-CAP - Receipt Dt: 04/21/2014, Approved on 05/30/2014) and approved to work from 10/01/2014. However I am unable to travel to US due to position got closed at Client A. My employer filed amendment for Client B and got approved to work from 01/22/2016 (Receipt Dt: 06/24/2015, Approved on 01/22/2016). I traveled on 05/21/2016 (my first H1-B entry; My last exist on L1-B is 08/29/2014 = A gap of 1 year 9 months). Please let me know how to calculate my max out date. Will it include my L1-B stay or just H1-B alone. Appreciate your help on this.

Thank you,

Mohan Kumar

[JoeF]

The clock did not reset since the H1 was filed when you were still in the US.

The time on L1 is included, so your max H1 time is 6 years minus the time on L1.

[Mohan_Kumar_S]

My employer gave the below reply. Is it correct?

Since he has spent more than 365 days outside the US and then travelled to the US on H-1B status in May 2016, he is entitled to a whole new 6 years of H-1B time starting from 21^st May 2016