Calculating total length of stay in US

[sachinrehan]

Hi,

I have a query in calculating my length of stay in US. Below are my visa details and dates of stay.
H1B : 1-Apr-2004 till 30-June-2004
L1B : 13-Jan-2008 till 1-Oct-2010
H1B (Out of cap, which is extension of my earlier H1B) : 13-Mar-2013 till date (Visa is stamped till 25-Feb-2015)

Just wanted to know if my stay during L1B visa would be counted, while counting my 6 years of stay on H1B, as there is more than 1 year of gap between my US reentry dates .

Thanks,
Sachin

[jtangy]

Hi,

I have a query in calculating my length of stay in US. Below are my visa details and dates of stay.
H1B : 1-Apr-2004 till 30-June-2004
L1B : 13-Jan-2008 till 1-Oct-2010
H1B (Out of cap, which is extension of my earlier H1B) : 13-Mar-2013 till date (Visa is stamped till 25-Feb-2015)

Just wanted to know if my stay during L1B visa would be counted, while counting my 6 years of stay on H1B, as there is more than 1 year of gap between my US reentry dates .

Thanks,
Sachin

Hi Sachin,

Technically if you were outside for more than one year your clock restarts (you're subject to cap and will have a fresh 6 year max out) but it seems that your employer didn't want to make you subject to the cap again since you still had time leftover so on the I-129HDC form, claimed that you were applying to reclaim the remaining of the 6 years so I believe the L-1B still counts towards the 6 year max out date.

Cheers,
Jackie