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L1A 7 yrs - Previous stay on H1

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  • L1A 7 yrs - Previous stay on H1

    In the past, I was in US with company A on H1 for 5.5 yrs and went back in 2010. After that I joined company B and traveled to US in 2014 on L1A. I was out of US for 3+ years.

    In many threads it is referred that H1+L1 stay period is counted towards stay limit. For time reset, new visa with cap limit is necessary after 1 yr of out of US stay(at least my interpretation).

    My total stay in US is close to 6.5 yrs on H1+L1 with out of US stay of 3+ years in between during transition from H1 to L1.

    For my current L1A stay limit of 7 years - should the H1 years are also counted i.e. I have another 6 months left over
    or L1A is new visa (with no cap), the stay time is reset during my out of US stay and I have 7 - current stay period?

    Thank you.

  • #2
    Originally posted by sippy070 View Post
    In the past, I was in US with company A on H1 for 5.5 yrs and went back in 2010. After that I joined company B and traveled to US in 2014 on L1A. I was out of US for 3+ years.

    In many threads it is referred that H1+L1 stay period is counted towards stay limit. For time reset, new visa with cap limit is necessary after 1 yr of out of US stay(at least my interpretation).

    My total stay in US is close to 6.5 yrs on H1+L1 with out of US stay of 3+ years in between during transition from H1 to L1.

    For my current L1A stay limit of 7 years - should the H1 years are also counted i.e. I have another 6 months left over
    or L1A is new visa (with no cap), the stay time is reset during my out of US stay and I have 7 - current stay period?

    Thank you.
    As you stayed out for 1+ Year and filed new petition (L1A) your clock was reset so previous H1 stay would not be counted.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      As you stayed out for 1+ Year and filed new petition (L1A) your clock was reset so previous H1 stay would not be counted.

      This is my opinion not legal advice.
      Thanks, raghvi

      Can I claim the leftover period on my previous H1?

      Comment


      • #4
        No you cannot as then you would lose the advantage of staying out for more than a year and L1 stay would also be added.

        This is my opinion not legal advice.

        Comment

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