Total time available on my H1B visa

[asiingh]

Hi,

Entry date Exit date No of Days Total duration Visa Type
1 28-Apr-07 11-Apr-08 349 days 1 year L1B
2 26-Apr-08 1-Aug-08 97 days 3 month 1 week L1B
3 19-Aug-08 8-Jul-09 323 days 11 months L1B
4 21-Aug-10 23-May-13 1006 days 2 Year 9 months H1B

Total Stay on L1B - 2 year 2 month 1 week
Total Stay on H1B - 2 year 9 months
Total stay - 4 year 9 month 1 week
Gap between exiting US on L1B and re-entry in US on H1B - 1 Year 1 month 13 days

Que:-
I got the H1B stamped on 1st Oct' 2009 but did not travel to US until 21st Aug 2010 (which is a gap of 1 Year 1 month 13 days between my exit from US on L1B and re-entry in US on H1B). Based on these dates, Am I still eligible for a fresh 6 years of stay in US allocated to H1B visa? My confusion is whether my stay on L1B would be counted against maximum allowed 6 years of H1B or not (even though I was out of states for well over a year before starting to work on H1B) ?

[raghvi]

Hi,

Entry date Exit date No of Days Total duration Visa Type
1 28-Apr-07 11-Apr-08 349 days 1 year L1B
2 26-Apr-08 1-Aug-08 97 days 3 month 1 week L1B
3 19-Aug-08 8-Jul-09 323 days 11 months L1B
4 21-Aug-10 23-May-13 1006 days 2 Year 9 months H1B

Total Stay on L1B - 2 year 2 month 1 week
Total Stay on H1B - 2 year 9 months
Total stay - 4 year 9 month 1 week
Gap between exiting US on L1B and re-entry in US on H1B - 1 Year 1 month 13 days

Que:-
I got the H1B stamped on 1st Oct' 2009 but did not travel to US until 21st Aug 2010 (which is a gap of 1 Year 1 month 13 days between my exit from US on L1B and re-entry in US on H1B). Based on these dates, Am I still eligible for a fresh 6 years of stay in US allocated to H1B visa? My confusion is whether my stay on L1B would be counted against maximum allowed 6 years of H1B or not (even though I was out of states for well over a year before starting to work on H1B) ?

If you have applied for H1B before 8-Jul-2010 it would be counted. Not only should one stay outside US for 1 Full year, but one should also apply for Fresh visa only after completing the 1 year outside stay, only then one is eligible for fresh full duration. So even though you stayed out of US for 1 Year, if you applied for H1 before the 1 year outside US stay was completed the L1 stay gets clubbed with H1 stay.

This is my opinion not legal advice.