URGENT : L1 B and H1 B combined stay limit - Different case, please respond

[picmeup]

Hi,

My current L1-B visa is expiring on March 1, 13. I am in US on L1B since March 2010. I have been in US previously on H1-B and H1-X visas. Here're the details of stay:
H1B - April 2005 - May 2007 - 2 yr 2 mon
H1-X - Nov 2009 - Dec 2010 - 0 yr 2 mon
L1-B - Mar 2010 - Till date - 2 yr 11 mon

Now I know that stay limits for H1 and L1 have both status included. In my case, since I had a break of more than 1 year from June 2007 to Oct 2009, does the clock resets even if the H1B visa was the same petition?
If yes, then L1X should be till Oct 2014.
If the clock does not reset, am I already out of status?

Since my extension filing is dependent on this, please provide me your suggestions soon.

Thanks!!

[raghvi]

Hi,

My current L1-B visa is expiring on March 1, 13. I am in US on L1B since March 2010. I have been in US previously on H1-B and H1-X visas. Here're the details of stay:
H1B - April 2005 - May 2007 - 2 yr 2 mon
H1-X - Nov 2009 - Dec 2010 - 0 yr 2 mon
L1-B - Mar 2010 - Till date - 2 yr 11 mon

Now I know that stay limits for H1 and L1 have both status included. In my case, since I had a break of more than 1 year from June 2007 to Oct 2009, does the clock resets even if the H1B visa was the same petition?
If yes, then L1X should be till Oct 2014.
If the clock does not reset, am I already out of status?

Since my extension filing is dependent on this, please provide me your suggestions soon.

Thanks!!

L1+H1 or H1+ L1 in your case can at max be 6 years. and based on your dates, you have physically stayed in US for only for 5 Years 3 Months. After completion of 6 years , if GC is not filed in a timely manner, one has to stay out of US for 1 Full year and apply again in Cap in order to get a fresh 6 Years h1/ 5 Years L1.

In My opinion the clock didn't reset for you as you utilized the same H1 petition in 2009 and then later on did a COS to L1.

I believe one needs to stay out of US for 1 Full year and then apply a fresh H1 or L1 petition without entering on some other visa in order to reset ones clock. If you don't do both (stay out for 1 year and apply fresh petition) your clock is not reset. Though you stayed out for more than one year
you didn't apply H1 under new Cap in 2009, you extended an older H1 thereby nullifying the clock reset. Had you entered US on H1 in 2009 on a fresh petition or on L1 on the L1 petition only , you would have qualified for an extension.

Nonetheless, I would suggest you seek direction from an experienced attorney in order to validate my understanding.

This is my opinion not legal advice.

[picmeup]

L1+H1 or H1+ L1 in your case can at max be 6 years. and based on your dates, you have physically stayed in US for only for 5 Years 3 Months. After completion of 6 years , if GC is not filed in a timely manner, one has to stay out of US for 1 Full year and apply again in Cap in order to get a fresh 6 Years h1/ 5 Years L1.

In My opinion the clock didn't reset for you as you utilized the same H1 petition in 2009 and then later on did a COS to L1.

I believe one needs to stay out of US for 1 Full year and then apply a fresh H1 or L1 petition without entering on some other visa in order to reset ones clock. If you don't do both (stay out for 1 year and apply fresh petition) your clock is not reset. Though you stayed out for more than one year
you didn't apply H1 under new Cap in 2009, you extended an older H1 thereby nullifying the clock reset. Had you entered US on H1 in 2009 on a fresh petition or on L1 on the L1 petition only , you would have qualified for an extension.

Nonetheless, I would suggest you seek direction from an experienced attorney in order to validate my understanding.

This is my opinion not legal advice.

Hi Ragvi,
Thanks for a quick response. Based on the fact that I am currently on L1B and it has crossed 5 years, am I already out of status? or the limit becomes 6 years? What's your opinion on this?

[raghvi]

I dont think you are out of status as L1+h1 can be for 6 Years.

This is my opinion not legal advice.