H1B maxout period?


lalat06bag

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Posted

I entered US in Jan 2008 in L1B and left in Feb 2010. My L1B got expired in Oct 2010. I got a new L1B in Dec 2010, this is not an extension of the previous L1B, rather a new L1B. 

 

I reentered US in Dec 2011 which is after 1 year 10 months after my 1st exit. Now i converted my L1B to H1B in Oct 2014 and got it extended till Sep 2017.

 

My question is, what would be my max out period? Would it be calculated from Jan 2008 and recapture of 650 days towards my H1B or it would be calculated from Dec 2011 to next 6years?

 

Posted

When you entered is irrelevant.

The time when the new application was filed matters. Since that was before you were abroad for a year the time did not reset.

  • 2 weeks later...
Posted

I was on L1B with company ABC  and stayed on USA for 4.11 years ( left the county 1 month before my maxout). I left USA on May 05th 2015.


My employer also filed for an H1B for me this year which is now picked up in lottery and currently in processing.


Say my H1 gets approved and I return to USA after 05th May 2016 ( after 1 year), will my clock rest will happen and I will get 6 years on H1.


Or do i get only 1 year as my H1 was filed before completing 1 year stay outside USA


Posted

 

I was on L1B with company ABC  and stayed on USA for 4.11 years ( left the county 1 month before my maxout). I left USA on May 05th 2015.

My employer also filed for an H1B for me this year which is now picked up in lottery and currently in processing.

Say my H1 gets approved and I return to USA after 05th May 2016 ( after 1 year), will my clock rest will happen and I will get 6 years on H1.

Or do i get only 1 year as my H1 was filed before completing 1 year stay outside USA

 

JoeF clearly mentioned in his response that date of filing matters and not date of entry. You are eligible for 1 year and 1 month on H1B.

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