Total H1 Time confusion

[shaili]

Hello,

          I have been in US for a couple of time on L1 before. My last visit to US on L1 ended in Feb 2010.

 

 My got an H1B visa in Oct 2012, but did not travel to US until April 2013 and am here since then. My current employer has NOT filed for my GC yet and am now worried about the time I have at hand.

 

My question:

 

1) Does L1 time cut against H1B time of 6 years even though there is a time lapse of more than 3 years between the two visits?

 

2) Does time spent in India on H1B also count in the H1B clock?

 

3) How much time do I have in hand now to start my GC filing to be able to be here.

 

Thanks in advance,

Shaili

 

[JoeF]

If this was a new H1, the time between the L1 and the H1 filing was more than a year, so the clock did reset.

And only the time in the US matters. If you are abroad, you are not in any US status.

[jairichi]

1. If cap subject H1B petition was filed after you stayed outside US for a year then you are eligible for 6 years.

2. No. Stay in US on valid H1B only counts.

3. You have completed 3 years on H1B. Employer can start anytime.