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H1B 6 years clock

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  • H1B 6 years clock

    Hi,

    I stayed in US on L1B(2003-2008)+L1A(2008-2009)+H1B(2009-till date) for 5 years 8 months My stay is not continous i have multiple breaks.
    My stay outside US is more than a year for but not continuous.

    In reality my 6 years stay in US should be completed by June, 2010 with time recaptured but my petition, Visa and my I-94 are valid till Sep' 2011.

    1)Can i continue my stay beyond 6 years till Sep' 2011 ?
    2)Does my L1A stay period will count against H1B 6 years?

    I dont have any taught of applying GC.

    Thanks in advance.

  • #2
    1)Can i continue my stay beyond 6 years till Sep' 2011 ?
    >>> No.

    2)Does my L1A stay period will count against H1B 6 years?
    >>> Yes.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Originally posted by user6660 View Post
      Hi,

      I stayed in US on L1B(2003-2008)+L1A(2008-2009)+H1B(2009-till date) for 5 years 8 months My stay is not continous i have multiple breaks.
      My stay outside US is more than a year for but not continuous.

      In reality my 6 years stay in US should be completed by June, 2010 with time recaptured but my petition, Visa and my I-94 are valid till Sep' 2011.

      1)Can i continue my stay beyond 6 years till Sep' 2011 ?
      2)Does my L1A stay period will count against H1B 6 years?

      I dont have any taught of applying GC.

      Thanks in advance.
      I'll answer your questions in the reverse order.

      Yes. Your L1A (& L1B) time will count towards the H1B 6 years.
      When you complete your 6 years, you can request for H1B extension from USCIS, if you meet one of the following criteria:
      • Your labor is pending for more than 365 calendar days. In this case, you can request extension of 1 year.
      • Your labor is approved with I140 pending. You can request extension of 1 year
      • Your I140 is approved but priority date is not current. You can request extension of 3 years.

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