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H1B 6 years period

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  • H1B 6 years period

    Scenario
    Stayed in USA on L1 for 18 months and exit
    Exactly 1 year stayed outside of USA and re-entered in H1B after 1 year, though re-initiated the H1B cap with within the 1 year.
    Question :
    Will the 18months be subtracted from the H1B 6years period? Or it is counted as new 6 years for H1B?

  • #2
    Originally posted by Susai View Post
    Scenario
    Stayed in USA on L1 for 18 months and exit
    Exactly 1 year stayed outside of USA and re-entered in H1B after 1 year, though re-initiated the H1B cap with within the 1 year.
    Question :
    Will the 18months be subtracted from the H1B 6years period? Or it is counted as new 6 years for H1B?
    If H1 was filed before completion of 1 year outside US stay then the 18 months will be counted. So if you filed H1 before 1 year completion you can stay 6 years minus the 18 months spent on L1 even if there was a difference of over 1 year between your exit on L1 and re entry on H1.

    This is my opinion not legal advice.

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