Urgent: H1B COE rfe

[ksri.ad]

Hi All,

I have a current H1B petition and visa up-till Dec 2016. Dec 2016 is what I believed my 6 year limit was. I have had 1 extension in Dec 2013 and one extension in March 2014(different employers), both of which gave me a Dec 2016 as last date in approval. 

I have filed a H1B COE with a new employer in premium processing and out of blue my 15 months of stay in L1 visa of 2007-2008 is being counted for in my 6 year limit. I changed to L2 after L1 and was on L2 for over 2 years (during which I was both in India and US).

The officer who is looking at my case has pointed out that my L1 needs to be counted and therefore my last date for 6 years would be in Dec 2015 (after recapturing outside time).

 

This has put me in a complete shock and looks like the calculation might be true. Since I have had 2 approvals with Dec 2016, I thought that my H1 was a fresh 6 year. What are my options now:

1. Withdraw my H1B COE application - will this keep my current H1B intact till Dec 2016?

2. Will the above create a problem in my GC processing which was due to start soon?

 

Please need your advice.

K Sri.

 

[jairichi]

Stay on L1 is counted towards the 6 year limit on H1B. Only if your H1B was filed after you stayed outside US for a year you will get fresh 6 years. Whatever may be the outcome of your current petition you need to exit once 6 years are done. Failure to do so might lead to a ban from staying and entering US.