L1 + H1 = 6years over,Got new I-797 for another 2 years.. what to do?

I

ilovetodothis

New Member
Hi,
I came to US on L1 in 2002 and worked for 2 years and later changed to H1B in the third year. In the fifth year I changed employer and received new I-797 approved till 2010 (which is 8th year in total) . I think as per law the total stay should be 6 years max for H1+L1 together? Is this true?

My question is - should I let USCIS know or let it go? Can there be any problems later on, since this is not my fault. Please help.

Thanks
 
Time on L1 does not count against your H1B clock, so don't worry. However, if they ever do make such a mistake, ALWAYS correct it. You will be unlawfully present retroactively, even if its their mistake. You can never benefit from USCIS mistakes. Its your responsibility to maintain status.
 
Time towards L1 is counted for the 6 year maximum on a H1B visa. I would suggest that you let the USCIS know about the error and do not stay beyond the legal time as later on it might come and haunt you.
 
That is correct. Both L-1 and H-1B periods are to be counted in aggregate. The H-1B approval was issued in Error. Generally, USCIS does not make such errors. Please check your entire petition to see if any previous L-1s / H-1Bs were not mentioned. Even in that circumstance, USCIS adjudications officer can check your entire history, but it could have been one of these extremely rare errors.
 
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