L1 A to H1 B - Visa 6 Yr term question


JNJOE

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Hi,
I first came to US on Mar-2007 with L1 B visa and stayed in US till Feb-2012. In this period I've taken a total of 6 Months break outside US. After Feb-2012 I went outside US (around 1.5 years Continuous break) and returned to US with a new L1 A visa on Sep-2013 (visa petition filed on Jun-2013,  visa Stamped on Aug-2013 valid till Jun-2016). All the above US visas are with my Current employer

Now, I am in US and if a new company wants to file my H1B for FY 2015 . My question is that,

 

1. The 1.5 years I've spend outside US (Continuous) did reset my 6 year visa term limit clock?

 

2. Is my current L1 A visa is on the new 6 Year term? Ie: Can I work in US for next 6 More Years?

 

3. If the new company applys for my H1B Visa for FY 2015 on Apr-2014 (Start working from Oct-2014), Will I be able to use the remaining 5 Years of visa term for the new H1B visa?
 

Appriciate your help.

Thanks,

Joe

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Hi,

I first came to US on Mar-2007 with L1 B visa and stayed in US till Feb-2012. In this period I've taken a total of 6 Months break outside US. After Feb-2012 I went outside US (around 1.5 years Continuous break) and returned to US with a new L1 A visa on Sep-2013 (visa petition filed on Jun-2013,  visa Stamped on Aug-2013 valid till Jun-2016). All the above US visas are with my Current employer

Now, I am in US and if a new company wants to file my H1B for FY 2015 . My question is that,

 

1. The 1.5 years I've spend outside US (Continuous) did reset my 6 year visa term limit clock?

 

2. Is my current L1 A visa is on the new 6 Year term? Ie: Can I work in US for next 6 More Years?

 

3. If the new company applys for my H1B Visa for FY 2015 on Apr-2014 (Start working from Oct-2014), Will I be able to use the remaining 5 Years of visa term for the new H1B visa?

 

Appriciate your help.

Thanks,

Joe

1. Since you stayed outside US for more than 365 days your clock is reset.

2. L1A is maximum 7 years of stay. And, if your employer does extension you can stay the entire duration.

3.  You would get 6 years - years spent on L1A.

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Dear Jairichi,


One more confirmation I would like to get


 


Is the below statement is correct


"You dont have to complete the entire visa term you currently hold and then take a break of 365 days continuos outside US to reset your clock?


 


Example: If you have a visa term of 6 Years and you have just completed 4.5 year in the term and took a break (365 days outside), and then apply for a new petition/Visa and come back to US, your visa term will be again will be 6 or 7 years as per the new visa type..


Am I correct?


 


Also please , let me know if there is any deviation known to this clock reset process.


 


Appreciate your Help


Thanks,


Joe


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Dear Jairichi,

One more confirmation I would like to get

 

Is the below statement is correct

"You dont have to complete the entire visa term you currently hold and then take a break of 365 days continuos outside US to reset your clock?

 

Example: If you have a visa term of 6 Years and you have just completed 4.5 year in the term and took a break (365 days outside), and then apply for a new petition/Visa and come back to US, your visa term will be again will be 6 or 7 years as per the new visa type..

Am I correct?

 

Also please , let me know if there is any deviation known to this clock reset process.

 

Appreciate your Help

Thanks,

Joe

 

As long as you stay outside US for 365 days and a new petition is filed after that stay then you get the maximum allowed stay on that visa category.

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Hi,

Can you please tell me how can I check that the current petition (the L1 A)  I hold is not a recaptured (breaks outside US) one but its a new 7 year validity term petition.

 

One method I did was to calculate my used time in my old petition (which was 4.5 year on my 5 year initial stay from 2007 to 2012 before I could go for the 1.5 year break) and since L1 A added another 2 yeas to it (to accommodate the 7 year L1 A term), so total months I can get if this current petition was a recaptured days from my old status and breaks outside US is 2+.5 years. ie: 30 months. But In my petition it is given the validity of 3 Years (36 months) and same in the passport when I got it stamped in India. also in My i-94 this is 3 Years of stay.

Is the above logica; calculation Correct?

 

Is there is anything in the petition (I-797B) or any documents like the I-129 related to this approved petition where I can see if this is a new or recaptured term?

 

Appriciate Your Help.

Thanks,

Joe

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Hi,

Can you please tell me how can I check that the current petition (the L1 A)  I hold is not a recaptured (breaks outside US) one but its a new 7 year validity term petition.

 

One method I did was to calculate my used time in my old petition (which was 4.5 year on my 5 year initial stay from 2007 to 2012 before I could go for the 1.5 year break) and since L1 A added another 2 yeas to it (to accommodate the 7 year L1 A term), so total months I can get if this current petition was a recaptured days from my old status and breaks outside US is 2+.5 years. ie: 30 months. But In my petition it is given the validity of 3 Years (36 months) and same in the passport when I got it stamped in India. also in My i-94 this is 3 Years of stay.

Is the above logica; calculation Correct?

 

Is there is anything in the petition (I-797B) or any documents like the I-129 related to this approved petition where I can see if this is a new or recaptured term?

 

Appriciate Your Help.

Thanks,

Joe

Ask your employer's attorney who filed your petition.

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Hi,

Can you please tell me how can I check that the current petition (the L1 A)  I hold is not a recaptured (breaks outside US) one but its a new 7 year validity term petition.

 

One method I did was to calculate my used time in my old petition (which was 4.5 year on my 5 year initial stay from 2007 to 2012 before I could go for the 1.5 year break) and since L1 A added another 2 yeas to it (to accommodate the 7 year L1 A term), so total months I can get if this current petition was a recaptured days from my old status and breaks outside US is 2+.5 years. ie: 30 months. But In my petition it is given the validity of 3 Years (36 months) and same in the passport when I got it stamped in India. also in My i-94 this is 3 Years of stay.

Is the above logica; calculation Correct?

 

Is there is anything in the petition (I-797B) or any documents like the I-129 related to this approved petition where I can see if this is a new or recaptured term?

 

Appriciate Your Help.

Thanks,

Joe

And, in L1A initial stay is granted for 3 years with a possibility of extension for 2 years till a max of 7 years is reached. Also, I am sure your L1A petition is independent of your L1B petition as both have different requirements. Ask your employer's attorney.

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