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How long ca I stay USA with H1B ?
- Thread starter openqc
- Start date
Originally posted by openqc
Hello
My status has been changed as [Jan 2000. L1-B -> Nov 2001. L1-A -> Nov 2002. H1-B] because of our company situation.
How long can I stay in US with H1B ?
I knows L1B is allowed for 6 years, L1A for 7 years and H1-B for 6 years.
Thanks
Very tricky question!!!!!! My guess is January 2006.
TheRealCanadian
Volunteer Moderator
Re: I think it is 6 years
It depends. Our poster is correct in stating that the max time depends on the status:
L-1B: 5 years
H-1B: 6 years (or unlimited via AC21)
L-1A: 7 years
TN, O-1: unlimited
The question is, can you stay 5 years on an L-1B and then another 6 on an H-1B? I don't think so; I think the caps are aggregate, but I've never seen statutory or regulatory language that clearly states this.
My gut says a total of 6 in L/H status, but this is a question that deserves a consult with an attorney if you REALLY need a definitive answer.
Originally posted by gambler
for non immigrant visas. I had a friend in a similar situation but worse he went back to India for a year.
Anyways yr legal time limit is dependent on the visa you hold i.e H-1B. (6 years)
It depends. Our poster is correct in stating that the max time depends on the status:
L-1B: 5 years
H-1B: 6 years (or unlimited via AC21)
L-1A: 7 years
TN, O-1: unlimited
The question is, can you stay 5 years on an L-1B and then another 6 on an H-1B? I don't think so; I think the caps are aggregate, but I've never seen statutory or regulatory language that clearly states this.
My gut says a total of 6 in L/H status, but this is a question that deserves a consult with an attorney if you REALLY need a definitive answer.
Real Canadian
Tere is a mistake in your post H-1 B cannot be extended indefinitely via AC21.
If you look at the BCIS website it is not clear but seems to suggest that the 6 years starts from the time the H-1 B issued. Therefore on H-1B this person would be able to stay till Nov 2008 even if he/she does not apply for permanent resident status
Tere is a mistake in your post H-1 B cannot be extended indefinitely via AC21.
If you look at the BCIS website it is not clear but seems to suggest that the 6 years starts from the time the H-1 B issued. Therefore on H-1B this person would be able to stay till Nov 2008 even if he/she does not apply for permanent resident status
This Quote is from Murthy' s Chat REF: http://www.murthy.com/chat1127.html
Does it means total H1 + L1 is six yeras?
gs77 : If a person changes from L1 B of company A to H1B of company B. Will the L1B period also count in the six year H1B period?
SPEAKER_Attorney_Murthy : According to INS regulations, the time on L1 is supposed to be counted against the six-year limit but extensions may be possible under the new law if you fulfill the criteria.
Does it means total H1 + L1 is six yeras?
TheRealCanadian
Volunteer Moderator
Originally posted by schandrag
There is a mistake in your post H-1 B cannot be extended indefinitely via AC21.
If a permanent residency application is pending, the H-1B can be extended indefinitely until the GC is approved or denied.