L1->H1B - continuous stay period for maxout?

[nycindian]

I was in US from Jan 2007 to July 2009 on L1B, when I withdrew my extension petition (due to RFE) and moved back to India. Then I got a brand new L1B in Sept 2009. Now, if I apply for an H1 now(in 2010 for 2011 quota), what will be the maxout for that H1(assuming it gets approved)?

My question is should I subtract from 6 only:

a) the period in US on new L1(e.g. 1.5 yrs) which will give me 4.5 yrs more on H1 OR
b) the period in US on L1(both old and new)+in-between period in India(i.e. 2.5yrs**.5yrs**0 months i.e. 4yrs 10 months) which will give me only 1 yr 2 months more on H1...

My question is that because of my new L1B (which I have got for full 3 yrs i.e. Sept 2012), and my noncontinuous stay in US, will my maxout date be automatically moved back..?

Also, I am unable to find the actual USCIS link detailing this maxout policy. Can anyone please share it..?


Thanks.

[nycindian]

Can someone kindly reply...

[nycindian]

Hi shervin/anyone else,
pls reply as I have to make my plans based on the same...

I was in US from Jan 2007 to July 2009 on L1B, when I withdrew my extension petition (due to RFE) and moved back to India. Then I got a brand new L1B in Sept 2009. Now, if I apply for an H1 now(in 2010 for 2011 quota), what will be the maxout for that H1(assuming it gets approved)?

My question is should I subtract from 6 only:

a) the period in US on new L1(e.g. 1.5 yrs) which will give me 4.5 yrs more on H1 OR
b) the period in US on L1(both old and new)+in-between period in India(i.e. 2.5yrs**.5yrs**0 months i.e. 4yrs 10 months) which will give me only 1 yr 2 months more on H1...

My question is that because of my new L1B (which I have got for full 3 yrs i.e. Sept 2012), and my noncontinuous stay in US, will my maxout date be automatically moved back..?

Also, I am unable to find the actual USCIS link detailing this maxout policy. Can anyone please share it..?


Thanks.

[shervin143]

In order for you to get a fresh 6 year term on H1B, you should have been out of the country(U.S) for 1 year when your petition is taken into consideration (L1 + H1b together is for 6 years). If you have left U.S in the month of July 2009, then it is advisable to wait until July to file a new petition which will earn you 6 years on that H1B.

[nycindian]

Thanks shervin143 for the info!

In order for you to get a fresh 6 year term on H1B, you should have been out of the country(U.S) for 1 year when your petition is taken into consideration (L1 + H1b together is for 6 years). If you have left U.S in the month of July 2009, then it is advisable to wait until July to file a new petition which will earn you 6 years on that H1B.