MaxOut Date calculation in this case (L1+H4+H1)

[dimpydey]

I want to know if L1+H1 time will be considered in my case. My dates are below.

 

I entered USA 1st time on L1B visa on  Aug 2009. I left USA on May 2010.

 

I again returned to USA on  Aug 2010 after spending 2 months in India and worked still Jan 2012 in USA. My L1 Extn was pending while I was in India and it was denied later.

 

After that I went for H4 stamping in June 2012 where my L1 was cancelled and I was issued a H4 Visa.

 

I returned to USA on  JUN 2012 on H4 Visa after spending 6 months in India. I was in H4 status till 1st Oct 2013. I got H1 starting 1st Oct 2013. I am maintaining the same status now.

 

I have already worked in my H1 status for almost 20 months now. My initial petition was approved from Company A till Oct 2016 (3 years ) and when company B applied for H1B transfer in July 2014 they got July 2017 (3 years).

 

From the above scenario I have few question.

 

1. Is my maxout date is July 2017 (considering L1 +H1) time.

2. If I now leave country for more than 365 days and return, will I be eligible for H1 extn till Oct 2019 ? Assuming  I have used only 2 years of H1B by now. 

3. Since my L1 was cancelled and I returned on H4 , will I still be considered L1+H1 time for calculating my Maxout date?
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[jairichi]

1. Yes. Time spent in H1 and L1.

2. No. Only if a cap subject H1B petition was filed after you stayed outside US for a year you are eligible for full 6 years.

3. Yes. H4 dates will not be counted to the 6 years.

[livliv]

1. Do your math. 10 + 19 + 47 > 72. Current employer may not have calculated H1 maxout correctly. Ask their attorney.

2. New H1 petition subject to cap will have to be filed to get fresh 6 years after staying outside for 1 year.

3. Yes. Visa cancellation is irrelevant.

[Arun S]

My visa got approved in year 2013. But I entered US only in year 2014. I went back to India for 1 week each in 2014 and 15. Also for a month in 2016 and for 3 weeks in 2017. Can anyone advise about which year max out will be 2019 or 2020 ?

[pontevecchio]

Can you please count the number of months you have been in H1 status in the USA?. Then subtract that figure from 72 months and that will give you the remaining H1 period available to you.