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L1 + H1 stay question

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  • L1 + H1 stay question

    1. I have been to US for first time in 2003 on L1 and stayed for 11 months. Then went back to India and then after 18 months came back again for 11 months on another L1 visa (from same company). Again went back and after 10 months came to US on H1. Please let me know if both my L1 stay periods will be counted against the 6 year limit on H1 + L1.

    2. Lets say my H1 visa is expiring in Dec 2008. If I go to India say in Aug'08 and return back in Oct'08,
    a. Will there be any problem/risk while entering US since the Visa is valid only for couple of months?
    b. Is there any period for which visa should be valid while entering US?
    c. Can I apply for H1 Extension say 4-5 months prior to my H1 visa expiry date (in this case jul/aug)? and the when I am coming back to US have the approved I797 and with couple of months validity on H1. will I be able to enter US without any problem/risk.

  • #2
    The first L1 is not counted in the 6 year total as you stayed outside US for 12 months or more after that. Visa is just an entry document. You can enter even 1 day before the visa expires without a problem. H1 can be extended 6 month prior to the expiry of the current I-94.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Thanks a lot txh1b!!!

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