TImegap between L1 and H1 for 6 years

[shahh]

Hello,

I was on L1B visa from April 2012 to April 2015.My extension was applied for L1B but no result came so i returned to India in Jan 2016.

I came back from US in january 2016.

I got by H1B lottery selected from a US employee in May 2016.

If i need to go to US on H1B and complete 6 yrs allowable time - Is it necessary to stay in India for 1 year?

[rahul412]

Yes, you need to be outside the US for one year.

[rohang]

You can only work under this H1b for 2.3 year, not 6 year.

 

Taking GAP will not help now, as you applied for H1b without taking GAP, now you have to consider L1 time in this H1b.

[pontevecchio]

You can complete 2.1 years in H1 status based on the MAY,2016 approval. In order to get a full 6 year term you need to stay out for one year and THEN have an employer file a cap subject H1 and get it approved.

[shahh]

Hello

I stayed effectively 2 years and 11 months in US from 2012 August to Jan 2016.Rest of time I was in India.
Will i be eligible for 3 years of net time in US?

[pontevecchio]

What about the period between April 2015 to January,2016? Anyway 6 years minus the time you spent in l1 status.

[shahh]

What about the period between April 2015 to January,2016? Anyway 6 years minus the time you spent in l1 status.

my L1 extension was applied and from april to November 2015.Hence i was in US in that time.My result didnt come in 240 days so I had to return to India.Net i stayed in US for 2 years 11 months ,rest of time I was in india.

Am i eligible for 3 years 1 months now or lesser?

[pontevecchio]

Yes.