H1B, L1b Visa Maximum stay calculation in USA

[kgandhi]

Hi,

Please see the details below of my Date of Entry & Exit from USA.

Visa Type Date of entry Date of Exit/Departure
--------- ----------------------- ------------------------------------
L1I 18/FEB/2008 18/APR/2008
L1I 11/APR/2009 14/MAR/2010
L1B 10/OCT/2010 01/AUG/2011
L1B 27/SEP/2011 06/APR/2012
L1B 22/APR/2012 28/DEC/2012
L1B 20/JAN/2013 19/OCT/2013(Latest Return Date)

I stay in the USA on above dates and got filed H1B thru consultant on April 2013 and got petition approved by november 2013.

As per the above statistics, My first entry in USA was 02/18/2008 and latest exit 10/19/2013, and I never stay outside of the USA for whole 1 year in

this duration. And if i calculate all above duration mentioned, then it comes around 4 years, so my 2 year still remained to be stay in USA.

So my question is will i be eligible only for 2 years? or as my last exit from USA was 10/19/2013 and if i entered in USA on or after 10/20/2014(After 1

year) on this new H1B(which filed by Consultant) Visa, after spending 1 year outside the USA. Then, Will my 6 years stay in USA be refreshed?

[raghvi]

Hi,

Please see the details below of my Date of Entry & Exit from USA.

Visa Type Date of entry Date of Exit/Departure
--------- ----------------------- ------------------------------------
L1I 18/FEB/2008 18/APR/2008
L1I 11/APR/2009 14/MAR/2010
L1B 10/OCT/2010 01/AUG/2011
L1B 27/SEP/2011 06/APR/2012
L1B 22/APR/2012 28/DEC/2012
L1B 20/JAN/2013 19/OCT/2013(Latest Return Date)

I stay in the USA on above dates and got filed H1B thru consultant on April 2013 and got petition approved by november 2013.

As per the above statistics, My first entry in USA was 02/18/2008 and latest exit 10/19/2013, and I never stay outside of the USA for whole 1 year in

this duration. And if i calculate all above duration mentioned, then it comes around 4 years, so my 2 year still remained to be stay in USA.

So my question is will i be eligible only for 2 years? or as my last exit from USA was 10/19/2013 and if i entered in USA on or after 10/20/2014(After 1

year) on this new H1B(which filed by Consultant) Visa, after spending 1 year outside the USA. Then, Will my 6 years stay in USA be refreshed?

Yes, prima facie it appears, you would be eligible only for 2 Years.

Was H1 in 2013 approved as Consular process or COS?

Even if you spend the 1 Year from 10/19/2013 till 10/20/2014 outside US, you wouldnt be eligible for fresh 6 Years. You would be eligible for fresh 6 Years only if you apply a new H1 petition after staying outside for 1 Entire year and that petition gets approved. The challenge is that by 10/20/2014 the current H1 cap would be filled and you would have to wait in 2015 cap. Maybe its time you talk to your employer about filing GC to avoid the one year outside US stay.

This is my opinion not legal advice.