Duration of H1B validity after L1B

[rajneesh75]

Hi

I was in US on L1B visa from Jun 2009 to May 2012. My visa extension got rejected in May 2012 and i came back to India. In June 2013, I got a new H1 B visa and I came back to US in Feb 2014. How long, in total, my H1B visa is valid ( initial visa validity + validity after renewal) considering I was in US on L1B before for 3 years. Also, is the H1B visa clock is counted from the day I enter US?

Thanks

[raghvi]

Hi

I was in US on L1B visa from Jun 2009 to May 2012. My visa extension got rejected in May 2012 and i came back to India. In June 2013, I got a new H1 B visa and I came back to US in Feb 2014. How long, in total, my H1B visa is valid ( initial visa validity + validity after renewal) considering I was in US on L1B before for 3 years. Also, is the H1B visa clock is counted from the day I enter US?

Thanks

Did you apply H1 in April 2013 or in June 2013?

[rajneesh75]

Did you apply H1 in April 2013 or in June 2013?

I applied in April 2013

[raghvi]

As you applied before completing 1 Year stay outside US, I believe the L1 tenure would also get added. L1+H1 can be for 6 Years so another 3 Years validity for H1.

This is my opinion not legal advice.

[rajneesh75]

As you applied before completing 1 Year stay outside US, I believe the L1 tenure would also get added. L1+H1 can be for 6 Years so another 3 Years validity for H1.

This is my opinion not legal advice.

But I stayed out of US for more than 18 months. Is that not a sufficient break?

[raghvi]

I dont think so. The law says one should apply for fresh H1 petition after staying out for 1 Year but you applied before staying out for 1 Year.

Honestly there is very little clarity over this so would advice to seek guidance from a attorney.

This is my opinion not legal advice.