New H1 Legal Stay in US- Current Visa L1

[bibin_vs2003]

1st Stay in US
Visa: L1 Regular
June 2007 - July 2010 - 3 Years

Stayed out of US more more than 1 Year and entered again
2nd Stay in US
Visa: L1-Blanket (New Fresh Visa)
September 2011 - Till date (2.5 years)

My employer is planning to do H1 for me this year. Will I get to stay another 3 years in US under H1? As I stayed outside of US for more than an year?

[raghvi]

1st Stay in US
Visa: L1 Regular
June 2007 - July 2010 - 3 Years

Stayed out of US more more than 1 Year and entered again
2nd Stay in US
Visa: L1-Blanket (New Fresh Visa)
September 2011 - Till date (2.5 years)

My employer is planning to do H1 for me this year. Will I get to stay another 3 years in US under H1? As I stayed outside of US for more than an year?

Yes if the second L1B was applied after your 1 year outside stay. As then the previous L1 stay wouldn't be counted.

This is my opinion not legal advice.

[bibin_vs2003]

Yes if the second L1B was applied after your 1 year outside stay. As then the previous L1 stay wouldn't be counted.

This is my opinion not legal advice.

Hi Raghvi,

Thanks for your response.

Yes, my L1-B petition was submitted for approval only after completing one year outside US.

My company's immigration team is having a different opinion. As per them,

I'm applying for the new H1-B without staying for one year outside US. So my last 6 years stay will be counted and my stay outside US will be recaptured. So basically they are saying I'll get only 1 year more in H1.

If My L1 clock was reset in 2011 (that's why I got 3 years in new L1), why not my H1. It doesn't make full sense.

Is there any document in USCIS where these kind of scenarios are documented.