Will I get 6 years on h1B?

[syspine]

Hi

I am on L1B and have utilized 3 years out of 5. Now I am going to home country for a year and will be back on H1B. Will I get 3+3=6 years on it or 2 years remaining out of L1B?

[shervin143]

You will get 6 years if you stay out of U.S for 1 complete year. The company should apply your petition as a new H1B subjected to CAP.

[syspine]

Thanks shervin143.

I already have copy of I797 (no I-94), which is cap counted in the 2009. If I get company who brings me to US. Is company still need to apply for new H1b petition?

[shervin143]

You will get only the remaining period if you use that CAP.

[syspine]

You will get only the remaining period if you use that CAP.

Hi Shervin143,

Even after spending 1 complete year out side US, I wont get 6 years?
I have been told that, if I spend one complete year outside US I will get 6 years on H1B instead of remaining 2 years of L1B.

Please clear my doubt.