Duration of stay calculation on H1B plus L1B

[deepsum]

Hi All ,

 

Need an input ... on the duration of the stay ....

 

I have spent around 3.7 years on the L1 from Nov 2009 to Jun 2013 and when the L1 did not got extended I came back .

 

Again 2014 applied for the H1 and got through , I have couple of questions ....

 

1. Will the period of 3.7 years will counted aganist total 6 years of the H1 i.e reaming 2.5 years of stay in US.

 

Or

 

2. Since the gap between coming back from US and the going to US will be more than 365 days , approx 1.5 years , will the duration clock will reset i.e. for whole 6 years from Oct '14 - Oct' 20?

 

Thanks

 

Suman

[jairichi]

Hi All ,

 

Need an input ... on the duration of the stay ....

 

I have spent around 3.7 years on the L1 from Nov 2009 to Jun 2013 and when the L1 did not got extended I came back .

 

Again 2014 applied for the H1 and got through , I have couple of questions ....

 

1. Will the period of 3.7 years will counted aganist total 6 years of the H1 i.e reaming 2.5 years of stay in US.

 

Or

 

2. Since the gap between coming back from US and the going to US will be more than 365 days , approx 1.5 years , will the duration clock will reset i.e. for whole 6 years from Oct '14 - Oct' 20?

 

Thanks

 

Suman

The answer is 1.

[kattu786]

Hi All ,

 

Need an input ... on the duration of the stay ....

 

I have spent around 3.7 years on the L1 from Nov 2009 to Jun 2013 and when the L1 did not got extended I came back .

 

Again 2014 applied for the H1 and got through , I have couple of questions ....

 

1. Will the period of 3.7 years will counted aganist total 6 years of the H1 i.e reaming 2.5 years of stay in US.

 

Or

 

2. Since the gap between coming back from US and the going to US will be more than 365 days , approx 1.5 years , will the duration clock will reset i.e. for whole 6 years from Oct '14 - Oct' 20?

 

Thanks

 

Suman

1. Yes

2.The gap should be 1 year from exit to H1 filing date not from the date of next entry.

[t75]

It is date of exit to date of filing not date of entry

[JoeF]

The time would reset if you had been outside the US for one year before the H1 was FILED.

Since the H1 was filed before you had been abroad for a year, you only get the remainder.

[visa]

Your L1B stay will not count again 6 years as you have stayed outside of US for more than 1 year.

[JoeF]

Your L1B stay will not count again 6 years as you have stayed outside of US for more than 1 year.

Not true, as the H1 was applied for before the OP was abroad for one year.

[jairichi]

Your L1B stay will not count again 6 years as you have stayed outside of US for more than 1 year.

That is wrong. Refer response from t75 and JoeF.

[gokul]

I have been on L-1b from Oct 2011 to Jan 2014. After L1 expired I switched to H4 visa as a dependent to my husband but continued to stay in the US. Starting Oct 2014 I am on H-1B, my H-1B expires in Sept 2017. Will my stay on H4 be counted towards the total period of stay?