H1-b tenure question-urgent

[SAMA_USIMM]

Hello,

Hope you are doing well.
I am into situation where I need assistance.

Below are the entry and exit dates along with visa types for US work travel.

Initial Entry Date into US:_03/11/2006 --------------------L1 Blanket
Exit Date from US:_ 11/16/2008 --------------------- I got L1 extension and changed to L1-R
Entry Date into US:_02/06/2010 -------------------- L1- R
Exit Date from US:_ 08/09/2010 --------------------- Left US as L1-R extension was denied.

When I enter US in 2010, I stayed more than one year in India.
Upon L1-R rejection in 2010, I went to India applied for fresh H1(in 2011 quota).
On H1-B, entered US on 04/12/2011.
This is my understanding, since its fresh H1B , H1-B tenure counts from 2011 and its valid for 6 years. Can you please clarify on this.

some people are saying that L1 and H1 tenure will be counted together. So I am not eligible for any more extensions.

Some people are saying, since its fresh H1, tenure counts from 2011 to 2017.


I have my extension due in couple of months. I am trying to understand extension possibilities.




Important things to note.

I have been working for same employer since from 2006. All the Visa types are held by same employer.

Since from 2006, I have completed 5.6 years of stay in US.

I was in India for complete 1 one year starting from Dec 2008 till Feb 2010.

Fresh H1 was applied in 2010 October and entered US in April 2011.


Thanks alot for your help.

[raghvi]

You may not be eligible for 6 Years H1 as it seems the time between your L1 Exit in August 2010 and Application of H1 in Oct 2010 is not 1 Year. The rule says one has to apply for fresh H1 AFTER completion of 1 Year stay out of US. So if you exited in August 2010, had you applied for H1 in August 2011 then the new H1 would have been valid for 6 Years.

What needs to be seen is if the L1 applied in 2008 was a fresh L1(after 1 Year stay abroad between 2008-2010) OR an extension of the previous L1(applied in 2006) to see if there is any scope of recapturing time.

If 2008 L1 was an ext of previous L1 then the previous L1 tenure would be added and subsequently added too for the 6 Year L1+H1 rule even if you had spent an entire year outside US.

Advisable to show the entry exit records and related status documentation to an experienced attorney to determine the time remaining.

This is my opinion not legal advice