H1B Maxout

[debdeep]

Hi,

I have a question on H1B maxout. I was selected for H1B in 2007 lottery and got H1B approved for 3 years expiring in 2010. I was in US for 3 months in 2007, 2 months in 2008 and 5 months in 2009, after this my H1B visa expired and was not extended.

In 2012 I had L1B approved, and traveled on L1B in Jan 2012. I have L1B petition approved till Oct 2014, however my I94 was valid till Oct 2013. In 2013 my employer applied for COS without cap to H1B since I had a valid H1B in last 6 years. So my timeline looks like following:

H1B Lottery visa until 2010
2007 - 3 Months in US
2008 - 2 Months in US
2009 - 5 Months in US

L1B visa approved from 2012 - 2014
Jan 2012 - Oct 2013 - 22 Months

H1B COS without CAP (reinstated previous 2007 H1B)
Oct 2013 - till date - 7 months

Since I re-instated my 2007 H1B will my Max-out date include all the time I had spent since 2007? Will it be 72 months of stay starting from the date when I entered US in 2007?

Max-out Date = 72-(3+2+5+22+7) = 33 months left?

Regards,
Debdeep

[raghvi]

Hi,

I have a question on H1B maxout. I was selected for H1B in 2007 lottery and got H1B approved for 3 years expiring in 2010. I was in US for 3 months in 2007, 2 months in 2008 and 5 months in 2009, after this my H1B visa expired and was not extended.

In 2012 I had L1B approved, and traveled on L1B in Jan 2012. I have L1B petition approved till Oct 2014, however my I94 was valid till Oct 2013. In 2013 my employer applied for COS without cap to H1B since I had a valid H1B in last 6 years. So my timeline looks like following:

H1B Lottery visa until 2010
2007 - 3 Months in US
2008 - 2 Months in US
2009 - 5 Months in US

L1B visa approved from 2012 - 2014
Jan 2012 - Oct 2013 - 22 Months

H1B COS without CAP (reinstated previous 2007 H1B)
Oct 2013 - till date - 7 months

Since I re-instated my 2007 H1B will my Max-out date include all the time I had spent since 2007? Will it be 72 months of stay starting from the date when I entered US in 2007?

Max-out Date = 72-(3+2+5+22+7) = 33 months left?

Regards,
Debdeep

Yes both your previous H1 stay , as well as L1 stay would be accumulated. Nonetheless, you still have 33 Months remaining, so might be a good time to start thinking about GC initiation in case you want to stay beyond those 33 Months.

This is my opinion not legal advice.

[manjukolar]

H1B Maxout

Dear Team,
Currently I'm on H1 and earlier I was on L1 and then converted to H1, Moved out of country on 2 occasions for more than 365 days.
I'm not sure when my maxout date is? according to some, Since I stayed in india for 365+ days during 2009, my max out counter starts from Apr-10.

Entry # Entry Date Exit Date Days outside US Select the Visa Type
1st Entry Dec-07 Mar-09 376 L-1B
2nd Entry Apr-10 Dec-11 28 L-1B
3rd Entry Dec-11 Aug-13 625 H-1B
4th Entry May-15 H-1B NSC

I'm not sure whether my max out is 2016 or 2018. Can anyone please help me understand this?

Thanks,
Manju

[raghvi]

Dear Team,
Currently I'm on H1 and earlier I was on L1 and then converted to H1, Moved out of country on 2 occasions for more than 365 days.
I'm not sure when my maxout date is? according to some, Since I stayed in india for 365+ days during 2009, my max out counter starts from Apr-10.

Entry # Entry Date Exit Date Days outside US Select the Visa Type
1st Entry Dec-07 Mar-09 376 L-1B
2nd Entry Apr-10 Dec-11 28 L-1B
3rd Entry Dec-11 Aug-13 625 H-1B
4th Entry May-15 H-1B NSC

I'm not sure whether my max out is 2016 or 2018. Can anyone please help me understand this?

Thanks,
Manju

When you entered US in April 2010, did you use the prior L1 Visa, or you got yourself a fresh one ? When was that fresh L1 applied? March 2010 or later?

Similarly, when you entered US on h1 in May 2015, did you use the previous H1 petition or got yourself a new one After Aug -2014?