Regarding Continuous stay in US for 1 Visa

[srinivasrvr]

Hi,

I came to US on L1B in Feb 2010 and went back to India Sept 2010.
I came back to US in Apr 2012 on L1B again.

My employer applied H1B for 2012 Quota and it got approved in 2012 after i came to US.

Now, I am planning to go to India and get H1B stamped.

My question is if my H1B get stamped, does H1B total period of 6 years will consider the stay from 2010 Feb or from 2012 Apr. (As there is more than i year i stayed in India).

It would be great if you can provide some information on this.

Regards,
Srinivas

[raghvi]

Hi,

I came to US on L1B in Feb 2010 and went back to India Sept 2010.
I came back to US in Apr 2012 on L1B again.

My employer applied H1B for 2012 Quota and it got approved in 2012 after i came to US.

Now, I am planning to go to India and get H1B stamped.

My question is if my H1B get stamped, does H1B total period of 6 years will consider the stay from 2010 Feb or from 2012 Apr. (As there is more than i year i stayed in India).

It would be great if you can provide some information on this.

Regards,
Srinivas

I think all of your physical stay in US from Feb 2010 would be counted.

Did you re enter on the same L1 B visa in 2012 or was it a new L1B petition and visa?

Also dont understand, did your employer filed the H1B as COS ?

Staying outside US for 1 Year is not the only criteria, one should apply for fresh petition AFTER staying out of US for 1 Year.

This is my opinion not legal advice.

[srinivasrvr]

I think all of your physical stay in US from Feb 2010 would be counted.

Did you re enter on the same L1 B visa in 2012 or was it a new L1B petition and visa?

Also dont understand, did your employer filed the H1B as COS ?

Staying outside US for 1 Year is not the only criteria, one should apply for fresh petition AFTER staying out of US for 1 Year.

This is my opinion not legal advice.

Hi Raghvi,

Thanks for your response.

I re entered on same L1B Visa in 2012 which i came in 2010. Its same L1B in both entries.

And H1B is not COS, but its consulate H1.
I returned back to India in 2010 September and new H1B is applied in 2012.
I came back to US in 2012 September while H1B petition in process.

Regards,
Srinivas