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stayed on L1B then filed H1B -went out and came back-- max Out Query

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  • stayed on L1B then filed H1B -went out and came back-- max Out Query

    Hi All,

    This is regarding whether my past L1B stay will be counted in my current H1B period. Pls see I did not do L1B to H1B status change.

    Events -

    1. stayed in uSA on L1B (valid until March 2014) visa from Sep 2012- July 2014.

    -- FIRST L1b extension file and denied. Travelled to India in July 2014, total stay in L1B visa in US was 2 years only.

    2. US consultant filed H1B FIRST time in April 2014 quota , I was in US at that time and my L1B extesnion was in progress. H1b approved in 2014.

    3. Stayed in India from July 2014 to June 2016, then current Employer filed my H1B case under cap exempt on 19 January 2016 and got approved on in 2016
    4. Travelled to usa on H1B visa on 1 May 2016 - til now

    My Queries-

    Q. Is my current H1B eligible for fresh 6 years cap although it was filed in QUOTA during my stay in us in 2014.?

    Is my clock reset to 6 years since I was out of US from July 2014 to June 2016 after my H1B approval.

    Is there any rule - the clock only resets if the person is out of the country for at least a year and then a new H1 under the quota is FILED.

    Q2 Is my L1 stay will be added to current H1 cap ?
    Last edited by Vikas.nikuu; 10-10-2017, 08:34 AM.

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