Spent 4years on H1. Then stayed out of US for 2.5years. Came back to US on fresh L1A. What's my max date if on L1A or switch to old H1?

[chirag007]

Hi,

 

I had spent 4years on H1B from 2007 to 2011 and then I moved to India for 2.5years.

I then came back to US for the same employer but on fresh L1-A visa and am in US for 1.5years.

 

1) Now to calculate my max out date on L1A, do I need to include the 4years spent on H1B? Will I have to leave US in 1.5years (Total 7yrs - 4yrs on H1 - 1.5yrs on L1)?

 

2) If I now renew my old H1B through Out of Cap H1 so that I can switch jobs, will I get my H1B for remaining 6months or H1B balance of 2 years or fresh 6years?

 

Thanks in anticipation!

C

[jairichi]

1. If the L1A petition was filed after you have stayed a minimum of a year outside US you will be eligible for total of 7 years on L1A status.

2. Filing a cap exempt H1B petition will get you only 6 months.

[chirag007]

Thanks!