H1B + L1B - work year issue


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Posted

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

Posted

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.

Posted

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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