l1-h4-h1 - time recapture

[TroubledGC]

Dear members. I am now in immigration boat. I need your help to better understand my situation. 

 

I entered in US on L1. Stayed on L1 for 3 years and after that left US. I stayed outside US for 5 and half months. Then came back on H4. I stayed in H4 for nearly 10 months and got h1 approval and changed to h1. Approved till Sept 2015. 

 

L1 -                    Jun 08 - Jun - 11.  - 3 years

Outside US -      Jun 11 to Dec 11 -  more than 5 months

H4             -        Dec 11 - Oct 12 -   10 months

H1             -        Dec 12 - Current  - 17 months and valid till Sept 15.

 

 

 

My doubt is whether - 

 

1. Time spent  in India will count towards 6 years cap ?

2. Time spent on H4 will count towards 6 years cap ? 

3. Do I have till Aug 2014 to apply for Labor Cert. to fall under 365 days rule ?

 

 

I really appreciate you thoughts and guidance

 

[jairichi]

Dear members. I am now in immigration boat. I need your help to better understand my situation. 

 

I entered in US on L1. Stayed on L1 for 3 years and after that left US. I stayed outside US for 5 and half months. Then came back on H4. I stayed in H4 for nearly 10 months and got h1 approval and changed to h1. Approved till Sept 2015. 

 

L1 -                    Jun 08 - Jun - 11.  - 3 years

Outside US -      Jun 11 to Dec 11 -  more than 5 months

H4             -        Dec 11 - Oct 12 -   10 months

H1             -        Dec 12 - Current  - 17 months and valid till Sept 15.

 

 

 

My doubt is whether - 

 

1. Time spent  in India will count towards 6 years cap ?

2. Time spent on H4 will count towards 6 years cap ? 

3. Do I have till Aug 2014 to apply for Labor Cert. to fall under 365 days rule ?

 

 

I really appreciate you thoughts and guidance

1. No.

2. No.

3. You have time till Nov 2015 for employer to initiate GC process.

[TroubledGC]

Jairichi,

Thank you very much for your reply. 

Just one quick doubt, you mentioned that I have till Nov 2015 to initiate GC process but my current H1 is approved till Sept 2015. ? 

[jairichi]

Jairichi,

Thank you very much for your reply. 

Just one quick doubt, you mentioned that I have till Nov 2015 to initiate GC process but my current H1 is approved till Sept 2015. ? 

Calculate the time by which you would reach 6 years of you stay in US on L1 and H1B.

[TroubledGC]

You are right. I think you already answered my question and doubts. So only time spent on L1 and H1 will count towards 6 years cap and not time away or on H4. 

 

So, fall under 365 days rules for extension to 7th year, employer will have to apply at least before Nov 14. Right ?