Regarding H1B 6 years rule

[binesh4u]

Hi all,


If you can give your response for the below query that will be of great help thanks,

I went to US in Dec-2009 on L1B and after completing 4.5 years on L1B(i.e from 2009 to 2013(oct)), then continued on H1B frm 2013(oct) to 2015(march).
I came back to India(in 2015) after completing my 6 years ( 4.5 Years on L1B + 1.5 Year on H1B) and stayed in India for 2 years.


currently I am back in US again on L1b visa in Feb 2017.

Please clarify my doubts/questions:

Can I still avail my remaining 4.5 years on previous H1B visa? Since I have only stayed for 1.5 years on my previous H1b, can I go for extension my previous H1B while i am on L1b in USA currently.


Thanks for the support
Binesh

[scientist2016]

Hi all,


If you can give your response for the below query that will be of great help thanks,

I went to US in Dec-2009 on L1B and after completing 4.5 years on L1B(i.e from 2009 to 2013(oct)), then continued on H1B frm 2013(oct) to 2015(march).
I came back to India(in 2015) after completing my 6 years ( 4.5 Years on L1B + 1.5 Year on H1B) and stayed in India for 2 years.


currently I am back in US again on L1b visa in Feb 2017.

Please clarify my doubts/questions:

Can I still avail my remaining 4.5 years on previous H1B visa? Since I have only stayed for 1.5 years on my previous H1b, can I go for extension my previous H1B while i am on L1b in USA currently.

Thanks for the support
Binesh

No. If you want to claim cap-exemption based on your previous H1, then the entire time used during your previous stay comes in to play i.e., claiming cap-exemption leads to the clock not being reset, and hence, will not work in your case. In order to avail of the time you spent outside the US, you will have to go through a fresh H1 petition.