H1B Max out


jai22

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This question might have asked many time but wanted to know if someone can guide me.

 

I was on L1B for 5 years in USA and then went back India and applied for L1B to H1B conversion then I stayed in India for 2 years. then I can came back again on H1B ( converted from L1)  will I still eligible to stay in US for next 6 years as I have completed the cool period off which was 2 years .

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It depends when you went back, and when did you applied for H1b. If difference b/w those two dates is > 365 days. Then you are eligible for 6yr. But if not then 1 yr.

 

cool off period is b/w day you left US and day you filed your application.

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  • 2 months later...

It depends when you went back, and when did you applied for H1b. If difference b/w those two dates is > 365 days. Then you are eligible for 6yr. But if not then 1 yr.

 

cool off period is b/w day you left US and day you filed your application.

Thanks for reply, but my case is little different. I completed my 5 years in US on L1 in May 2014 and my L1 to H1 conversion was filed on April 1st 2014 ( same year) and I repatriated to India on May end 2014. My H1B selected  in Lottery and got approved petition which was valid from October 2014. But I stayed in India till May 2015 and than filed H1B extension in exempt quota because my L1 to H1 conversion petition expired in April 2015. Than I got my extension approved and traveled US in 2016. Now I am going to complete my 8 months on H1B. will I be able to file extention after 6 years (5years on L1 + 1 year H1B)?

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You only get the remainder time, 6 years minus the time spent in L1 and H1 already.

To get a new 6 years, you will have to stay abroad for at least a year and THEN a new H1 under the quota can be filed.

Earlier stays abroad don't matter.

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  • 3 weeks later...

Hello Members 

After staying 3.9 years in the USA I left for India. A new company filed cap exempt H1 B which got approved and I came back to the US after spending 14 months in India in 2011-12.

I got H1 till 6 years (unused time) and I left again (1 month before my 6 years were about to expire). 

 

Now , another employer filed for extension in 2015 and I have got 2 more years . The filing was cap exempt and before I had completed 1 year out of the US this time. The employer's attorney said I got the petition approved because I had spent 1+ years in 2011-2012 .

 

But the petition was cap-exempt ? Why will I get another 6 years ? I am happy to be approved but confused as well - please help !

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