L1 to H1 and previously cap counted - Urgent query!


Jatin_Chawla

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Urgently request the experts to reply to my query below, please:

- I first came to US on L1 through Company A in April 2006.

- I switched to H1 through Company B in US and started working for it in October 2006.

- I left US in January 2008 and was in India for around 2.5 years.

- Company B sent me to US again in May 2010 but this time on L1.

- Now, company C which is one of the top US companies wants to file my H1 outside cap since I have already been cap counted in 2006.

First of all, pls confirm if this is possible and secondly if approved, what is the max duration for which I will get H1? Will that be for around 2.5 years?

Appreciate a quick response.

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the total stay is calcuated based on the current VISA... the max stay for L1b is 5yrs L1A 7yrs and H1b is 6yrs... so if one is in US with any of the above VISA the max of the current visa is taken into consideration... for example....

on L1b I was on 3yrs now if I move to H1b I get another 3 yrs as on H1b the max years on 6yrs...

hope it helps...

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