Maxout for current H1 visa

[jyo1]

Hi, Please help me to calculate my H1B maxout date for the following scenario:

 

1. Came to US in L1B visa in Sep 2009.

2. Left for India in Jan 2012.

3. While I was in India, L1B visa expired in Jun 2012 (no extension applied).

4. Company applied for H1 visa from India, and visa approved in Dec 2012

5. Came back to US in Jul 2013 and staying here till date.

 

In this case, am I getting fresh 6 years starting from Jul 2013?

 

Thank you in advance for all help on this.

 

[pontevecchio]

No. you have to leave for one year and then the company files a cap subject H1 and gets it approved. That's the only way to get 6 new years. In your case that has not happened.

[jairichi]

Hi, Please help me to calculate my H1B maxout date for the following scenario:

 

1. Came to US in L1B visa in Sep 2009.

2. Left for India in Jan 2012.

3. While I was in India, L1B visa expired in Jun 2012 (no extension applied).

4. Company applied for H1 visa from India, and visa approved in Dec 2012

5. Came back to US in Jul 2013 and staying here till date.

 

In this case, am I getting fresh 6 years starting from Jul 2013?

 

Thank you in advance for all help on this.

No, you are not getting 6 years on H1B as you should have stayed outside US for 365 days before a cap subject H1B petition was filed to get full 6 years on H1B. So, you will get 6 years - 2 years and 4 months on L1B.

[kattu786]

Hi, Please help me to calculate my H1B maxout date for the following scenario:

 

1. Came to US in L1B visa in Sep 2009.

2. Left for India in Jan 2012.

3. While I was in India, L1B visa expired in Jun 2012 (no extension applied).

4. Company applied for H1 visa from India, and visa approved in Dec 2012

5. Came back to US in Jul 2013 and staying here till date.

 

In this case, am I getting fresh 6 years starting from Jul 2013?

 

Thank you in advance for all help on this.

No.you will get 6 years - your L1 stay. H1 was filed before 365 days were completed of your US exit.