Situation : I have stayed in US for 4 years . Initially 3 years on L1 and the last 1 year on new H1.I have left US on Oct 1st 2014.Query :If I go back to US on (say) OCT 5th 2015 (after 1 year of staying out of US) …Can I consume remaining 5 Years of my existing H1 ?OR will it be just 2 years out of my remaining overall 6 years ?OR should I need to file new H1 under cap exempted (if possible) on Oct 2015 to avail remaining 5 Years of my existing H1?Just need the best way to get maximum benefit of my existing H1B and stay the most.Thanks for your help !- Som
You can stay a total of 6 years in US on H1 and L1 combined (in the sense, that you can only work for 6 years in US, provided GC is not filed)
If your GC is in process, then your stay can be extended beyond 6 years
You can utilize/extend your current H1-B any number of times provided you wont stay beyond 6 years continuously in USA (When GC is not filed during this 6 years period).
When you apply for GC, no more worries. If your I-140 form approved, there is no limit on the maximum years you stay in USA. There wont be cool off period during this case. Until you get your GC, you can keep on extend your H1-B even 10 years or more.