H1 & L1 maximum stay

[vs83]

Hello,

I worked in US from May 2008 till May 2010 in L1-B visa (2 years). After that I went back to my home country.
On 2nd Jan 2011, I got my H1 stamping. This H1 was approved in June 2008 to start working from Oct 2008.
I entered US in H1 on 11-Jan-2011 and working till date (approx 2.5 years)

For the H1B 6 years, will my 2 years in L1 also be included?

Some people tell me that Since mine was a fresh stamping in jan 2011, L1 days will not be counted against my H1B’s 6 years…
If I had converted from L1 to H1b when in USA, then I would have used 4.5 years of my 6 years in H1.

Has anybody experience this situation or can some expert give me a reliable answer?

[raghvi]

Hello,

I worked in US from May 2008 till May 2010 in L1-B visa (2 years). After that I went back to my home country.
On 2nd Jan 2011, I got my H1 stamping. This H1 was approved in June 2008 to start working from Oct 2008.
I entered US in H1 on 11-Jan-2011 and working till date (approx 2.5 years)

For the H1B 6 years, will my 2 years in L1 also be included?

Some people tell me that Since mine was a fresh stamping in jan 2011, L1 days will not be counted against my H1B’s 6 years…
If I had converted from L1 to H1b when in USA, then I would have used 4.5 years of my 6 years in H1.

Has anybody experience this situation or can some expert give me a reliable answer?

I am no expert but as far as I know, if you were on L1 and you applied for H1 before completing 1 Year stay outside US then the L1 time gets added to the 6 year L1+H1 limit.

This is my opinion not legal advice.

[lisaanderson]

Hello,

I worked in US from May 2008 till May 2010 in L1-B visa (2 years). After that I went back to my home country.
On 2nd Jan 2011, I got my H1 stamping. This H1 was approved in June 2008 to start working from Oct 2008.
I entered US in H1 on 11-Jan-2011 and working till date (approx 2.5 years)

For the H1B 6 years, will my 2 years in L1 also be included?

Some people tell me that Since mine was a fresh stamping in jan 2011, L1 days will not be counted against my H1B’s 6 years…
If I had converted from L1 to H1b when in USA, then I would have used 4.5 years of my 6 years in H1.

Has anybody experience this situation or can some expert give me a reliable answer?

They generally look at the last six years. I would say that the L-1B time counts towards the maximum time allowable. The stamping itself doesn’t matter.

Looks like you only have about 1.5 years of H-1B time left. Speak with an attorney.

[deepakmur]

They generally look at the last six years. I would say that the L-1B time counts towards the maximum time allowable. The stamping itself doesn’t matter.

Looks like you only have about 1.5 years of H-1B time left. Speak with an attorney.

I was on H1 for five and half years ( 7 months remaining on my visa) and then another employer filed for an petition for 3 years. We got the petition and also I have done with my stamping which is valid till Feb-2016. So is it the mistake from US consulate or will they put remaining days on my I-94? Please let me know.

[raghvi]

I was on H1 for five and half years ( 7 months remaining on my visa) and then another employer filed for an petition for 3 years. We got the petition and also I have done with my stamping which is valid till Feb-2016. So is it the mistake from US consulate or will they put remaining days on my I-94? Please let me know.

They sometimes make mistakes. Don't try to benefit from their mistake. They will eventually find out and correct it, making you illegal retroactively if you stay more than the allowed time. Do check from an attorney before taking any decision.

This is my opinion not legal advice.