I already asked this question but it was not answered, thus posting it again.
I am working in US presently on a L1B-I visa for the past 1.5 yrs for company A. Now if I want to join company B, my option would be that company B sponsors a H1B for me, but since this year’s quota has got over, this option is ruled out.
However, I had been to US previously on a H1-B visa (via same company A) and stayed for 3 yrs on that H1B visa (June 2004 to May 2007). After that I went back to India and my H1B visa got expired in July 2008. So essentially I utilized 3 yrs from my H1B visa. I have heard that since I had an old H1-B visa which was not completely utilised for 6 years, then the new employer B can use this H1-B petition to get me a visa for the remaining term.
My original H1-B was approved for the duration of 22-Oct-2003 to 13-Feb-2006. I then got it extended from 08-Feb-2006 to 25-Jul-2008. But I had gone back to India in May 2007 and then did not return back till 2010 on my L1B. Thus my H1-B got expired.
So, the 6 years limitation is imposed by USCIS? When would that 6 yrs start from? From the date of original petition (22-Oct-2003) or from the date of my H1B extension (08-Feb-2006) ? Is there no other way out?
If yes, then what will be the tenure for which I will get my H1-B visa? Will it be 6-3 = 3 yrs or will it be 6-3-1.5 (for L1B period stay) = 1.5 yrs?