L1-B and H1-B 6 year rule - Attorney opinion greatly appreciated..

[destusa]

Please assess my situation as per below and kindly let me know how much time is left over as per the H1B max 6-year rule.

A specific question I have regarding the below is,

as to whether L1B duration of stay considered while calculating the max 6-year rule ?

Please beware this is not a change of status (COS) from L1 to H1, but L1 cancelled and invoked fresh H1 case.

I'm getting a mixed opinion on this.

Thank you very much...

US Entry US Exit Visa Type May 19, 2007 March 1, 2008 L1-B 2 Weeks Vacation to India Used an earlier approved H1 petition and attended H1 stamping in India on

March 17,2008 (L1 cancelled without prejudice)

March 23, 2008 May 23, 2008 H1 B 3 Days Vacation to India May 26, 2008 August 7, 2008 H1 B 2 Weeks Vacation to India August 21, 2008 January 12, 2012 H1 B 3 Weeks Vacation to India February 11, 2012 Till - date H1 B

[pontevecchio]

You may have 1.2 years left. When does your latest H1 petition expire? The one on which you entered in February.

[destusa]

Its me again.....

Re-formatted for a better understanding. Also I checked with one of the immigration dept of my org they say...

the following.."If you were in the H1 Cap for 2007 then the L1 stay is not included. He need to see if you were an H1 cap of 2007" Can anyone elaborate on the same..

US Entry - US Exit Visa Type

• May 19, 2007 March 1, 2008 L1-B Visa
  

2 Weeks Vacation to India

"Used an earlier approved H1 petition and attended H1 stamping in India on

March 17,2008 (L1 cancelled without prejudice)"

• March 23, 2008 - May 23, 2008 H1 B Visa
  

3 Days Vacation to India

• May 26, 2008 - August 7, 2008 H1 B Visa
  

2 Weeks Vacation to India

• August 21, 2008 - January 12, 2012 H1 B Visa
  

3 Weeks Vacation to India

• February 11, 2012 - Till - date H1 B Visa
  

[destusa]

Dear Sir,

Thank you for your prompt response. Here is my detailed informaion. I confused as I'm getting mixed responses.

• I fall under H1 Cap of 2007, as my H1B petition was filed in April of 2007 and recieved approval for the same in September 2007.
  
• I went for H1 stamping in India in March 2008, where my L1B was cancelled with "cancelled without prejudice" and H1B was stamped.
  

From (MM/DD/YY) To (MM/DD/YY) Visa Category (H or L) Total no. of months May 19, 2007 March 1, 2008 L1-B 2 Weeks March 23, 2008 May 23, 2008 H1-B 3 Days May 26, 2008 August 7, 2008 H1-B 2 Weeks August 21, 2008 January 12, 2012 H1-B 4 Weeks February 11, 2012 Till - date H1-B

Regards,

Raj

[destusa]

You may have 1.2 years left. When does your latest H1 petition expire? The one on which you entered in February.

It expires on 13th March 2013. The Visa stamp also reflect this date.

[pontevecchio]

Basically the total duration of stay l1B plus H1 cannot exceed 6 years.

[destusa]

Thank you for the answer. That seems to be the case. We filed for the extension until 25th July 2013 and received the same.

my 6th year ends on this date.