H1 B Stay post Petition Validity

Hello Team,

I have worked in USA on L1-B for 4 years 5 months. I have returned back to india in Dec 2014. I have Now got New H1 B Petition approved with 1 Year 5 months for this year. Could any experts clarify my below questions.

  1. If i plan to travel USA Post Dec 2015 i.e. ( Cool off period from Dec 2014-December 2015) will i be able to file for Extension post my Petition validity of 1 year 5 months, considering H1 B-6 Years full term.

  2. Do i need to plan my Visa stamping after December 2015 which covers my 1 year cool off period? or i can even go for stamping any point of time?

  3. Will they consider my previos L1-B stay of 4.5 months or it will be considerered as fresh H1 and gets me automatically 6 year full term.



  1. No. Your visa should have been applied after 1 year cooling period in order to reset the clock

  2. N/A based on (1)

  3. You will be eligible for 6 years minus time spent on L-1. Talk to your employer about early green card filing, so that you may be eligible for H-1 extensions beyond 6th year