H1 Visa duration question

[gemininaik]

Hello Members,

I worked in USA for 4 years continuously from 2010 to 2014 on L1 Visa and now in India and L1 expired.
I also have H1 B approved/stamped from 2014 October onwards (Never used).


I assume if i enter USA within 1 year of last stay, then i will be able to stay only for 2 more years.If i take one year gap from the day left and enter to USA again on my H1 B visa , i can use 2014 approved H1 Visa for next 6 years since the clock will reset. Is that correct? or do i need to apply for new CAP?

Please clarify. Thanks for your response.

[raghvi]

Hello Members,

I worked in USA for 4 years continuously from 2010 to 2014 on L1 Visa and now in India and L1 expired.
I also have H1 B approved/stamped from 2014 October onwards (Never used).


I assume if i enter USA within 1 year of last stay, then i will be able to stay only for 2 more years.If i take one year gap from the day left and enter to USA again on my H1 B visa , i can use 2014 approved H1 Visa for next 6 years since the clock will reset. Is that correct? or do i need to apply for new CAP?

Please clarify. Thanks for your response.

Your clock would reset only if you stay out for more than 365 days AND apply under a new cap. If you use an old cap then previous L1 stay would get added too.

This is my opinion not legal advice.

[gemininaik]

Thanks Raghvi. Appreciate your reponse/time.

I am still not clear. I stayed in USA on L1 for 4 years and then came back to India and got stamping for H1( So H1 never used.)

In this case, if i take break of 1 year from my last in USA(on L1) and enter to USA using the H1 stamped, i should be able to stay for 6 more years since the H1 cap never used, is that correct?
Kindly clarify

Thank you