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Regarding Number of years allowed to stay in US on H-1

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  • Regarding Number of years allowed to stay in US on H-1

    Hi,
    I am on L2 dependent VISA and was working on EAD for the past 4 years.
    This year in 2015, I applied for H-1 Visa and got it approved. The validity of the H-1 VISA is given from Oct 1st 2015 to Sep 30 2018 for 3 years.
    I was told that on any work Visa, the validity of working in US is only for 6 years unless otherwise I have a Green card or approved I-140 to extend the H-1 after 6 years.

    Whether the 4 years which I worked on L2 EAD will also be considered part of the total 6 years H-1 eligibility and legally I can work only for the next two years on H-1 even though my approved H-1 has validity till 2018 ? or the 4 years period on L2 EAD is not considered part of the 6 years validity on H-1 ?

    Please let me know. Thanks for your help.

    Mahesh.

  • #2
    Originally posted by bmaheshreddy View Post
    Hi,
    I am on L2 dependent VISA and was working on EAD for the past 4 years.
    This year in 2015, I applied for H-1 Visa and got it approved. The validity of the H-1 VISA is given from Oct 1st 2015 to Sep 30 2018 for 3 years.
    I was told that on any work Visa, the validity of working in US is only for 6 years unless otherwise I have a Green card or approved I-140 to extend the H-1 after 6 years.

    Whether the 4 years which I worked on L2 EAD will also be considered part of the total 6 years H-1 eligibility and legally I can work only for the next two years on H-1 even though my approved H-1 has validity till 2018 ? or the 4 years period on L2 EAD is not considered part of the 6 years validity on H-1 ?

    Please let me know. Thanks for your help.

    Mahesh.
    Only time spent on L1 and H1 are clubbed, your L2 time would not be considered while determining the 6 Year limitation.

    This is my opinion not legal advice.

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