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Total years of stay allowed under H & L visas

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  • Total years of stay allowed under H & L visas

    Hello members,

    I was wondering what is the total duration allowed to stay and work in the U.S given that I was on H1B for 3 yrs and currently on L1B for 9 months.

    Is it going to be 6 yrs or 7 yrs?

    Please advice.

    Thanks and Regards,

    KC

  • #2
    Originally posted by KayCee View Post
    Hello members,

    I was wondering what is the total duration allowed to stay and work in the U.S given that I was on H1B for 3 yrs and currently on L1B for 9 months.

    Is it going to be 6 yrs or 7 yrs?

    Please advice.

    Thanks and Regards,

    KC
    Was there a 1 Year or more than that gap between H1B and L1B ?

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      Was there a 1 Year or more than that gap between H1B and L1B ?

      This is my opinion not legal advice.

      No, there was no gap between H to L visa

      Comment


      • #4
        Originally posted by KayCee View Post
        No, there was no gap between H to L visa
        This confuses me, if you were in US for 3 Continuous years you are not immediately eligible for L1B as one of the eligibility of L1B is "Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States"

        So how did you get an L1B when you didnt work abroad for the company for 1 Year in last 3 years as you were on H1 in US?

        Please give details of H1 stamping, h1 validity in passport, L1 stamping and L1 vailidity in passport

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          This confuses me, if you were in US for 3 Continuous years you are not immediately eligible for L1B as one of the eligibility of L1B is "Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States"

          So how did you get an L1B when you didnt work abroad for the company for 1 Year in last 3 years as you were on H1 in US?

          Please give details of H1 stamping, h1 validity in passport, L1 stamping and L1 vailidity in passport

          This is my opinion not legal advice.
          I worked for the same company in India.
          Coming back to the question, is total stay going to be counted as 6 or 7 yrs in this case.

          Comment


          • #6
            Originally posted by KayCee View Post
            I worked for the same company in India.
            Coming back to the question, is total stay going to be counted as 6 or 7 yrs in this case.
            I still dont understand when you say you worked in India. As earlier, you stated that there was no gap of employment in US in between H1B and L1B.

            Anyways,
            L1B + H1B can at max be for 6 years physical stay in US if GC filing not started timely.
            L1A + H1B can at max be for 7 Years physical stay in US if GC filing not started timely.

            This is my opinion not legal advice.

            Comment


            • #7
              Originally posted by raghvi View Post
              I still dont understand when you say you worked in India. As earlier, you stated that there was no gap of employment in US in between H1B and L1B.

              Anyways,
              L1B + H1B can at max be for 6 years physical stay in US if GC filing not started timely.
              L1A + H1B can at max be for 7 Years physical stay in US if GC filing not started timely.

              This is my opinion not legal advice.
              Thanks Raghvi. Appreciate your input.

              Comment

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