L1B for 2.5 Years, New H1B after spending 1 year outside US. How long can I stay?

[Arcticbreeze]

Hi,

Here is my case,

L1B Applied on Dec 2008, Got VISA stamped till Dec 2011 ( I94 till 2011 )

Stayed in US from May 2009 - Jan 2011 and then from June 2011 - Mar 2012

( I stayed till Mar 2012 even though my i94 expired on Dec 2011 because my L1B extension was applied before Dec 2011 and it was in progress until Mar 2012, when it was denied - I exited the country on Mar 17th 2012 as soon as it was updated in USCIS site that my extension had been denied)

Then the same employer applied for H1B on June 2012 and I have got H1B approved from Oct 2012 - Sep 2015.

I am waiting to go for stamping now and if it goes through fine, I am planning to enter US after Mar 2013

My question is,

Since I exited us on Mar 2012, If I enter US after Mar 2013, Will I get full 6 years in the new H1B or will I get only 3.5 years ( L1B+H1B ) ?

Please note that on Mar 2013 I would've spent 1 year outside US before entering with new H1B ( But my H1B was filled within 1 year after I exited US )

Any help is appreciated, Thanks in advance,
ArcticBreeze

[raghvi]

Hi,

Here is my case,

L1B Applied on Dec 2008, Got VISA stamped till Dec 2011 ( I94 till 2011 )

Stayed in US from May 2009 - Jan 2011 and then from June 2011 - Mar 2012

( I stayed till Mar 2012 even though my i94 expired on Dec 2011 because my L1B extension was applied before Dec 2011 and it was in progress until Mar 2012, when it was denied - I exited the country on Mar 17th 2012 as soon as it was updated in USCIS site that my extension had been denied)

Then the same employer applied for H1B on June 2012 and I have got H1B approved from Oct 2012 - Sep 2015.

I am waiting to go for stamping now and if it goes through fine, I am planning to enter US after Mar 2013

My question is,

Since I exited us on Mar 2012, If I enter US after Mar 2013, Will I get full 6 years in the new H1B or will I get only 3.5 years ( L1B+H1B ) ?

Please note that on Mar 2013 I would've spent 1 year outside US before entering with new H1B ( But my H1B was filled within 1 year after I exited US )

Any help is appreciated, Thanks in advance,
ArcticBreeze

You will get only for the remaining time period, if you had applied in the 2013 Cap after completing 1 Full Year outside US you would have been eligible for fresh 6 Year period.

This is my opinion not legal advice.