L1B- H1B years calculation

[vikas8236]

I came to USA on L1B and stayed in USA between 2007 - 2010. After that I went back to India and stayed there for 4 years.

 

My New H1B was filed and approved in May 2014. I travelled to USA on Sep 2014. 

 

I changed by employer in March 2015 and an extension was filed, however I129 form, L1B days were calculated for 6 Years H1B Limit. 

So USCIS has given the extension for the left over period which includes my L1B stay as well. 

 

So is it valid to count L1B days for extension?

 

In one of the forum reply It says "Clock will reset only if you stayed outside US for 1 year and after that a cap subject H1B petition is filed and approved."

 

Since I stayed 4 years, shouldn't it be a fresh 6 year limit on H1?

 

My employer says that since the gap between L1 and H1 is 4 years (less than 6 years), they counted L1 days as well.

 

 

[jairichi]

If your cap subject H1B petition was filed in April 2014 and approved in May 2014 then you have 6 years on H1B. Your employer is absolutely clueless.

[JoeF]

The employer is clueless.

If the H1 was a new H1, the time did reset in 2014.

The employer should consult with a competent immigration lawyer.

[vikas8236]

Thanks for the reply. 

This may be a silly question, but how do I check if my H1 was cap subject or not?

 

I checked my original I129 form which filed by my previous employer in under section 3: Numerical Limitation Information, " CAP H-1B Bachelor's Degree" is selected as type of H1 petition. 

 

Does it mean it was cap subject?

 

Please help. 
Thanks,

Vikas Agrawal

[jairichi]

Thanks for the reply.

This may be a silly question, but how do I check if my H1 was cap subject or not?

I checked my original I129 form which filed by my previous employer in under section 3: Numerical Limitation Information, " CAP H-1B Bachelor's Degree" is selected as type of H1 petition.

Does it mean it was cap subject?

Please help.

Thanks,

Vikas Agrawal

Yes, cap subject.

[vikas8236]

My employer agreed that they wrongly calculated it however I am not sure about the next action

 

How does this can be corrected now? Do I need to wait till my employer files another extension or it can be correct with amendment?

 

What are my options on this case?

[jairichi]

My employer agreed that they wrongly calculated it however I am not sure about the next action

 

How does this can be corrected now? Do I need to wait till my employer files another extension or it can be correct with amendment?

 

What are my options on this case?

Employer has to contact USCIS.

[JoeF]

My employer agreed that they wrongly calculated it however I am not sure about the next action

How does this can be corrected now? Do I need to wait till my employer files another extension or it can be correct with amendment?

What are my options on this case?

When the current H1 expired, they can just file another extension.