usaimmihelp Posted May 3, 2013 Report Posted May 3, 2013 Hi I have question regarding how many years I can stay in US on H1B + L1B Visa . pls see below : I came in USA on Jul 2008 On L1B Visa with Employer- A and return to India On 6th Aug 2011. I stayed in INDIA @ 1 year and again I came back to USA on 8th Aug 2012 on H1B Visa with Same employer- A . Now My question is ... I did my H1B File for 2012 cap and got receipt number on 1st Nov 2011. So Will they count L1+H1 combination stay for 6 years ? Firsttime US enter on L1 Visa-= 6th Jul 2008 Left out from US = 5th Aug 2011 H1 File from India on 2012 cap and got Receipt number =1st nov 2011 Entered USA on H1B Visa = 7th Aug 2012 to till now and I-94 date is 15th nov 2014 pls suggest me how many years i can stay in US on H1B Visa. 1) ..How many years I can stay in USA now. (they are count L1 + H1 Stay) ? 2).. Will They count only H1B Stamping for 6 years as I stayed in INDIA around 1 year thanks
usaimmihelp Posted May 3, 2013 Author Report Posted May 3, 2013 pls reply me on this query ASAP. thanks
sk.january Posted May 3, 2013 Report Posted May 3, 2013 Quote " Section 214(g)(4) of the Act states that “the period of authorized admission” may not exceed 6 years, and because “admission” is defined as “ the lawful entry of the alien into the United States after inspection and authorization by an immigration officer” only time spent in the United States as an H-1B counts towards the maximum" Un-Quote Period of authorized stay is from Entry - Exit and not governed by H1B petition approval or visa approval duration. You entered US-H1B status on Aug 2012 and haven't been in the US for a complete 1 year prior to that(from 7 Aug 2011 - 7 Aug 2012), you get a new 6 year duration.
pontevecchio Posted May 3, 2013 Report Posted May 3, 2013 If the H1 petition was applied for after August,5 2012 you may claim a total of 6 years in H1 status. It matters when the H1 petition was filed and not when he entered.
JoeF Posted May 6, 2013 Report Posted May 6, 2013 Hi I have question regarding how many years I can stay in US on H1B + L1B Visa . pls see below : I came in USA on Jul 2008 On L1B Visa with Employer- A and return to India On 6th Aug 2011. I stayed in INDIA @ 1 year and again I came back to USA on 8th Aug 2012 on H1B Visa That means that the clock did not reset.
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