L1-B Maxout period and H4 EAD

[blp]

1. Does the maxout period for L1 get reset even if we leave US and re enter US after one year with the SAME VISA ? Or maxout period RESET is applicable only if we re enter US after one year with a NEW VISA OR NEW PETITION ?

In my case I stayed in US as detailed:

1st Entry: May 2013 to May 2014 - 12 months (L1B Blanket VISA 1).

2nd Entry: September 2015 (In same Blanket L1B VISA 1). This entry is after more that 365 days from 1st exit but I re entered US on the same L1B VISA 1.

Then got my new L1B blanket VISA 2 stamped in Feb 2016 and have been staying since then with (1 or 2 months outside US for vacation).

Question is: What will be my L1B maxout period -

2020 (5 years from 2nd Entry on VISA 1) ? or

2019 (VISA 1 days + VISA 2 days maxed to 5 years) ?

2. My spouse has H1B, and she may get I-140 approval soon. If I change my status to H4, Does she need to complete 6 years for my H4 EAD approval or Can I apply for COS to H4 and EAD at the same time.

[raghvi]

1. Does the maxout period for L1 get reset even if we leave US and re enter US after one year with the SAME VISA ? Or maxout period RESET is applicable only if we re enter US after one year with a NEW VISA OR NEW PETITION ?

In my case I stayed in US as detailed:

1st Entry: May 2013 to May 2014 - 12 months (L1B Blanket VISA 1).

2nd Entry: September 2015 (In same Blanket L1B VISA 1). This entry is after more that 365 days from 1st exit but I re entered US on the same L1B VISA 1.

Then got my new L1B blanket VISA 2 stamped in Feb 2016 and have been staying since then with (1 or 2 months outside US for vacation).

Question is: What will be my L1B maxout period -

2020 (5 years from 2nd Entry on VISA 1) ? or

2019 (VISA 1 days + VISA 2 days maxed to 5 years) ?

2. My spouse has H1B, and she may get I-140 approval soon. If I change my status to H4, Does she need to complete 6 years for my H4 EAD approval or Can I apply for COS to H4 and EAD at the same time.

1. 2019. The clock gets reset only when one stays out for a year and re enter on a new petition and associated visa stamping.
2. Yes you can apply for H4 and H4 EAD based on spouse's approved I140.

This is my opinion not legal advice.

[sasvi]

1. Does the maxout period for L1 get reset even if we leave US and re enter US after one year with the SAME VISA ? Or maxout period RESET is applicable only if we re enter US after one year with a NEW VISA OR NEW PETITION ?

In my case I stayed in US as detailed:

1st Entry: May 2013 to May 2014 - 12 months (L1B Blanket VISA 1).

2nd Entry: September 2015 (In same Blanket L1B VISA 1). This entry is after more that 365 days from 1st exit but I re entered US on the same L1B VISA 1.

Then got my new L1B blanket VISA 2 stamped in Feb 2016 and have been staying since then with (1 or 2 months outside US for vacation).

Question is: What will be my L1B maxout period -

2020 (5 years from 2nd Entry on VISA 1) ? or

2019 (VISA 1 days + VISA 2 days maxed to 5 years) ?

2. My spouse has H1B, and she may get I-140 approval soon. If I change my status to H4, Does she need to complete 6 years for my H4 EAD approval or Can I apply for COS to H4 and EAD at the same time.

Just be aware that if you apply for H4 EAD you no longer have the L1B. While this may look as a huge advantage (oh, yes, I can change jobs!!!), you will be tied to your spouse visa and she needs to be employed in order for you to get employment. So, assess your options carefully...you have your L1B and if you are happy in your company and are only looking for some extra $$, you should continue to work there and making a good work...maybe they will sponsor you in 2019 for a GC. Your spouse is a question mark...nobody knows if any of the companies using the H1B will ever sponsor a GC. Keeping some flexibility is a huge advantage...with both working, the $$$ question will not be as important as it is now(?). If in 2019 you see no good chance to stay, you can apply for H4 EAD later based on her visa.

I see a lot of people giving up their L visas for H visas just for extra flexibility...when in the market they see that they are not making more than 10% increase and even worst, replaced a good employer willing to sponsor them for one that may not even care...

[blp]

L1-B Maxout period and H4 EAD

Thanks Sasvi and Raghv.

I was also under impression that my L1B can be extended only till 2019 but my attorney says the clock was reset when I entered in 2015 after more than 1 year gap ( but on 1st L1B petition and Visa).

Not sure if there will be a surprise later.

[raghvi]

Thanks Sasvi and Raghv.

I was also under impression that my L1B can be extended only till 2019 but my attorney says the clock was reset when I entered in 2015 after more than 1 year gap ( but on 1st L1B petition and Visa).

Not sure if there will be a surprise later.

If that was so, many in L1B/H1B would have left after completion of their 4th/5th/6th Year and stayed out for 1 Year and reset their clocks and got fresh L1/h1 without having to go through new petition/cap.

This is my opinion not legal advice.

[blp]

If that was so, many in L1B/H1B would have left after completion of their 4th/5th/6th Year and stayed out for 1 Year and reset their clocks and got fresh L1/h1 without having to go through new petition/cap.

This is my opinion not legal advice.

Thanks Raghvi,
This is what I come to know today... still not convincing to me.

H1B clock can be reset only with new cap based petition after staying 1 year out side US. And it cannot be reset with cap exempt petition after staying 1 year outside US. Cap exempt H1B petitions can be made if person is in H1B status within last 6 years and not completed 6 years in US, but will receive only for left out period of 6 years. Example: If a person stayed in US from 2007 to 2012, he can apply in 2017-18 for the remaining 1 year under cap exempt.

Since L1B has no cap like H1B, every time the clock begins after staying 1 year out side US, irrespective of existing petition or fresh petition. Every time the visa is issued for 3 years though the petition end date is earlier based on left out time period in 5 years.

[blp]

L1-B approved for another 2y based on reentry date after 1 year on old petition

I went for the stamping and the clock was considered from the date I entered after 1 year outside US but still on the old petition, and calculated 5 years from the reentry date.
Like attorney said, L1-B clock got reset no matter what as I stayed 1 year outside US.

I have another question which I could not ask my corporate attorney yet.

I would like to change my status from L1-B to H4 as my spouse is on H1-B.
Next year, if I apply for the status change from H4 to H1-B, will I get fresh 6 years because I am not on L1-B any more?