Unused H1 Approved on 2004

[Shyamlaksh]

My H1 Petition approved on July 2004, was used for 2.2 years. Later changed my status to L1 and continued for 2.2 years. After 4.4 years moved out the country and returned 1.3 years later on the same L1 visa. Because of my 1 year out of the country stay my H1/L1 clock got reset. Now I'm currently on L1 visa extension for last 2 years.

Just wanted to check if its possible to use the remaining period my H1 that got approved on 2004. As I'm under the belief that a H1 Petition can be good for the total of 6 years, I've another 3.8 years of H1 that's not used.

Please advise.

Thank You

[chets_m8]

You can be on a H1/ L1 together for 6 years and after a break you are eligible for a new H1/L1 ( H1 being subject to the CAP ) !

In this situation – the remaining time on your H1 is 6 years minus the time spent on the “WORK PERMIT “ – irrespective of whether it is L1 or H1.

So it will be 6 - 4.4 = 1.6 years available on your OLD H1.

If you apply for a change of Status from L1 to new H1 ( considering the time on L1 extension) - you still need to get into the CAP – and the available time on H1 is 6 minus 2 = 4 years .

Since you stayed out of the country – and entered back and stayed for 2 years – I doubt whether you can directly apply for a fresh H1 for 6 years.