total stay L1 to H1


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Hi All

I am currently on L1 ...and staying in US for 5 expires in july this year My company is planning to do a H1B for me. Questions are

1. if I get my Visa approved, i know i can come only by oct. but in that case if i coming at that time..can i stay only for year and some months?(considering company is not doing GC and i already have 5 years stay continuous in US )
2. if I get my Visa approved,but i postpone my travel till July next year...then can I stay 6 years from there?(as i am out of US for 365 days)

Any help is appreciated

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1. Yes. Total stay on H1B in your case is 6 years and that includes stay on L1.

2. You will still get only one year.


To get 6 years an employer has to file a cap subject H1B petition after you stayed outside US for a year. If you exit US in July 2016 then H1B can be filed July 2017 (actually April 2018 as cap would have reached) to get 6 years.

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