H1_L1_ 6 year Cycle

[H1_L1_Query]

Hi,

Here are my VISA -Dates

 

1/6/2008    - 11/29/2009    = L1B

11/30/2009 - 11/13/2010  = Stayed in India  (2 weeks less than 365 days)

11/13/2010 - 5/9/2011      = L1B

5/10/2011  - till Date         = H1

 

-----------------------------------------

My Current H1 Petition Valid till : 12/21/2015

-----------------------------------------

 

I understand H1+L1 is 6 Years.  My question is 

 

1.Am I eligible to stay in USA till end date of my current petition 12/21/2015  OR

2.Should I leave the country after the completion of exact 6 years of My H1+L1  . As per the above dates it will be 1/6/2014.  (6years from :1/6/2008 To :1/6/2014) .

 

If the option 2 is correct then why did USCIS gave me a petition ending till 12/21/2015.

 

Response will be highly appreciated.

 

Thanks

 

[pontevecchio]

No period of H1 approval can be more than 3 years by law and hence this suggests an error was made by a human. To answer your other queries, please physically add all periods in L1 status and in H1 status and tell us what that is in months.

[praveenmdp]

I think you can stay in US until you have valid H1 petition.

[JoeF]

Do NOT stay longer than the 6 years.

Sometimes, they make mistakes and extend petitions for longer, but they eventually will find out, and adjust that, so if you stay longer, you would become illegal retroactively.

[H1_L1_Query]

No period of H1 approval can be more than 3 years by law and hence this suggests an error was made by a human. To answer your other queries, please physically add all periods in L1 status and in H1 status and tell us what that is in months.

 

 

 

 

 

 

Thanks for the response.

 

Here are more details:

 

1/6/2008    - 11/29/2009   = L1B   worked for Employer A

11/30/2009 - 11/13/2010  = Stayed in India  (2 weeks less than 365 days)  

11/13/2010 - 5/9/2011      = L1B   worked for Employer A

 5/10/2011  - 8/30/2011    = H1 Worked for Employer B 

8/30/2011 - 4/30/2013      = H1 Worked for Employer C  (Employer C did H1 Transfer )

4/30/2013 -  Till date         = H1 Working for Employer D (Employer D did H1 Transfer )

 

So I every time the H1 transfer was done, the H1 petition had a new extended expiry date. So right now my expiry date is 12/21/2015.

With that said,

 

I understand H1+L1 should be  6 Years.  My question is 

 

1.Am I eligible to stay in USA till end date of my current petition 12/21/2015  OR

2.Should I leave the country after the completion of exact 6 years of My H1+L1  . As per the above dates it will be 1/6/2014.  (6years from :1/6/2008 To :1/6/2014) .

 

If the option 2 is correct then why did USCIS gave me a petition ending till 12/21/2015.

 

Response will be highly appreciated.

 

Thanks

[rohang]

Thanks for the response.

 

Here are more details:

 

1/6/2008    - 11/29/2009   = L1B   worked for Employer A

11/30/2009 - 11/13/2010  = Stayed in India  (2 weeks less than 365 days)  

11/13/2010 - 5/9/2011      = L1B   worked for Employer A

 5/10/2011  - 8/30/2011    = H1 Worked for Employer B 

8/30/2011 - 4/30/2013      = H1 Worked for Employer C  (Employer C did H1 Transfer )

4/30/2013 -  Till date         = H1 Working for Employer D (Employer D did H1 Transfer )

 

So I every time the H1 transfer was done, the H1 petition had a new extended expiry date. So right now my expiry date is 12/21/2015.

With that said,

 

I understand H1+L1 should be  6 Years.  My question is 

 

1.Am I eligible to stay in USA till end date of my current petition 12/21/2015  OR

2.Should I leave the country after the completion of exact 6 years of My H1+L1  . As per the above dates it will be 1/6/2014.  (6years from :1/6/2008 To :1/6/2014) .

 

If the option 2 is correct then why did USCIS gave me a petition ending till 12/21/2015.

 

Response will be highly appreciated.

 

Thanks

6 yr is a total period in USA, so you can deduct time spent outside USA (e.g. vacation, time in India).

If your dates are correct, and let us suppose you don't take any vacation now onwards, your 6yr period will end around DEC31,2014.