H1B timeframe

[sanjaynair]

Hello All,

I have a simple question on my H1 timeframe. 

 

I have been on L1B visa for 2 years and 9 months. I understand that H1 and L1 together can have a timeframe of 6 years. 

 

Once my L1B expired, I returned to back to India and stayed there for a over 365 days before returning back on a new H1 visa. 

 

How many years can I spend on this H1? Is it 6 years or 6 years minus 2.9 years?

 

Please revert. 

 

Thank you,

Sanjay

[jairichi]

Hello All,

I have a simple question on my H1 timeframe. 

 

I have been on L1B visa for 2 years and 9 months. I understand that H1 and L1 together can have a timeframe of 6 years. 

 

Once my L1B expired, I returned to back to India and stayed there for a over 365 days before returning back on a new H1 visa. 

 

How many years can I spend on this H1? Is it 6 years or 6 years minus 2.9 years?

 

Please revert. 

 

Thank you,

Sanjay

If your H1B petition was filed after 365 days of stay outside US then you get 6 years. Otherwise you get 6 years - 2.9 years

[pontevecchio]

Date you left after L1?

date when H1 was filed?

[not2stop]

As your cap is reset, you can stay for 6 yrs

[sanjaynair]

I left on Feb 20th, 2012. Returned back on March 21, 2013. 

How does filing date come into the picture? I was under the impression that it was always the number of days you you stay outside the United States.

[jairichi]

I left on Feb 20th, 2012. Returned back on March 21, 2013. 

How does filing date come into the picture? I was under the impression that it was always the number of days you you stay outside the United States.

I believe your H1B petition was filed in the year 2012. If it is correct then you get the remainder of 6 years - 2 years and 9 months on L1B. It is the rule that considers filing date.

[pontevecchio]

There needs to be a stay of one year outside the USA followed by a cap subject H1 filing and approval.

[sanjaynair]

I applied H1B under the 2013 cap. H1 was approved on Dec 2012. Since I am in cap, this resets my past stay no? I have remained outside the US for over 365 days. 

 

Someone quoted this rule:

"Individuals who previously held H1B status in the last six years, and subsequently left the U.S. for at least a year, generally have the option of either using the time remaining in H1B status without being subject to the cap or applying for another six years of H1B employment subject to the cap."

 

Please confirm if I can stay for 6 years or not? 

[pontevecchio]

In your case the total time in L1 plus H1 status remains 6 years. The rule you quoted is what I have been trying to tell you. You left on Feb,20 and got your H1 approved before one year had passed. If a sponsor had filed in April,2013 for a start date in October,2013 you would have got 6 more years.

[sanjaynair]

Makes sense. Thank you all for responding to my query.