L1B to H1B - and Maxout Question

[StuckinOttawaApr17]

Hi Gurus,

 

I have a maxout question related to L1b and H1b status.

Working for a company A, I came to US around end of 2008 on L1b visa and spent close to 2 yrs 7 months. Applied for L1 extension which was denied, so I went back to India around mid 2011 and same company A applied for fresh H1b under cap quota in August 2011. Due to the long process of H1b approvals, subsequent visa stamping etc, I came back to US only in mid 2012 (was in India for almost more than 1 yr and 20 days) and have been on H1b status in US since then with same company A. So far, I have been in US for a total of around 4 years (L1 + H1 combined) but spent 1 year outside of US also as I mentioned above.

 

The questions I have are: 

1) As petition for new H1b was filed after few months when I went back to India in 2011, will the time I spent in US on L1b status before also counts towards my total 6 yrs maxout time on current new H1b status?

 

2) As I was in India for more than 1 yr during 2011 - 2012, did it make any impact on getting my maxout clock reset for fresh 6 yrs on new H1b status by mid 2012 ?? 

Appreciate your genuine responses !

[jairichi]

Hi Gurus,

 

I have a maxout question related to L1b and H1b status.

Working for a company A, I came to US around end of 2008 on L1b visa and spent close to 2 yrs 7 months. Applied for L1 extension which was denied, so I went back to India around mid 2011 and same company A applied for fresh H1b under cap quota in August 2011. Due to the long process of H1b approvals, subsequent visa stamping etc, I came back to US only in mid 2012 (was in India for almost more than 1 yr and 20 days) and have been on H1b status in US since then with same company A. So far, I have been in US for a total of around 4 years (L1 + H1 combined) but spent 1 year outside of US also as I mentioned above.

 

The questions I have are: 

1) As petition for new H1b was filed after few months when I went back to India in 2011, will the time I spent in US on L1b status before also counts towards my total 6 yrs maxout time on current new H1b status?

 

2) As I was in India for more than 1 yr during 2011 - 2012, did it make any impact on getting my maxout clock reset for fresh 6 yrs on new H1b status by mid 2012 ?? 

Appreciate your genuine responses !

If your H1B petition was filed before 365 days of you being outside US then you will get 6 years - years spent on L1B. In your case you are in situation 1.

[kattu786]

Hi Gurus,

 

I have a maxout question related to L1b and H1b status.

Working for a company A, I came to US around end of 2008 on L1b visa and spent close to 2 yrs 7 months. Applied for L1 extension which was denied, so I went back to India around mid 2011 and same company A applied for fresh H1b under cap quota in August 2011. Due to the long process of H1b approvals, subsequent visa stamping etc, I came back to US only in mid 2012 (was in India for almost more than 1 yr and 20 days) and have been on H1b status in US since then with same company A. So far, I have been in US for a total of around 4 years (L1 + H1 combined) but spent 1 year outside of US also as I mentioned above.

 

The questions I have are: 

1) As petition for new H1b was filed after few months when I went back to India in 2011, will the time I spent in US on L1b status before also counts towards my total 6 yrs maxout time on current new H1b status?

 

2) As I was in India for more than 1 yr during 2011 - 2012, did it make any impact on getting my maxout clock reset for fresh 6 yrs on new H1b status by mid 2012 ?? 

Appreciate your genuine responses !

1) Yes

2) No

 

To reset your clock you have to be out of US for 1 year before filing a new petition .In your case it was filed just after couple of months.