L1B to H1B with COS, H1B validity?

USA H1B Visa
1

Hi,

I’m on L1B, travelled to USA on 1-1-2011, got I-94 till 11-11-2013, returned to India on vacation for 3 weeks, while coming back to USA on 10-10-2012 got new I-94 till 10-10-2015 on the same L1B visa.

Now I’m planning to apply for H1B on 2014 cap. My question is, how much do you think my stay on L1B contributes towards the H1B if it is approved.

Do you think my stay from 2011 would considered, and I might get H1B + extension upto 6year minus my stay from 2011 on L1B or it might be 6year minus my stay from 10-10-2012, the last entry to USA.

Any information on this will help me. Thanks in Advance

Thanks,

Rahul

2

You will be eligible for 6 years minus anytime previously spent in US on L-1 and H-1. This includes the stay from 2011 as well.

3

Hi Saurabh,

Thanks a lot for providing that information to me, I do have a follow-up question for this. Apart from travelling to USA on my current L1B starting 2011, I made another travel to USA with older L1B visa from 2007 to 2009. I went back to India (2009)and stayed there for almost 15 months and got a new L1B visa (my current) and travelled in 2011. So, do you think even that would contribute to my H1B 6 years tenure? Or not as I stayed in India for more than 12 months.

Thanks,
Rahul

4

As there was a gap of more than 365 days b/w the 2 L-1 travels, the previous trip shouldn’t be counted towards the 6 year limit.