L1 to H1 6 years reset?

#1
L1 To H1 Reset?
L1B --> April 2011 to May 2014
H1B Filed --> Apirl 2015 (11 months After Departure)

H1B Admission Date --> Apil 2016 into USA .

Do I get 6 years on H1B or will my L1 stay is also counted towards 6 years?

if you say L1 stay is counted. at the time of filing my H1B I didn't request for extension or change of status (L1B is denied and I was on india without any status) - only thing should be applicable for readmission (I came after 2 years). Please see below LAW from USCIS

please suggest if I get 6 years on H1B or not

214.2(h)(13)(iii)(A)
iii) H-1B limitation on admission. (A) Alien in a specialty occupation or an alien of distinguished merit and ability in the field of fashion modeling. An H-1B alien in a specialty occupation or an alien of distinguished merit and ability who has spent six years in the United States under section 101(a)(15)(H) and/or (L) of the Act may not seek extension, change status, or be readmitted to the United States under section 101(a)(15) (H) or (L) of the Act unless the alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the immediate prior year.
 

whitemimauz3

Registered Users (C)
#2
Time spent previously on L status is counted against 6 years of H-1B. April 2011 to May 2014 L status stay is counted against H1B time period of 6 years. So in April 2019 you will be done with your H1B unless labor certification was filed or I-140 is approved in which cases you will get 1 year H1B incremental extension for former situation or 3 years H1B incremental extension in latter situation.
 
#3
Is there any doc of uscis which shows filing date is considered rather than H1B admission date?

Please share on what basis total 6 years includes l1 stay .. Tahnks
 
#5
Thanks for reply, USCIS regulations provide that an alien who has resided and been physically present outside the United States for at least one year may be eligible for a new six-year period of admission in H-1B status. From H1B doc .. is this not true?
 
#7
I thought that that is what I did last time, I stayed 23 months outside before triggering my new H1B I got admitted to usa on April 2016 & I departed from usa May 2014. To reset the clock for 6 years. Is this not true?
 

nelsona

Registered Users (C)
#8
It depends if your 2016 H1-B was against the cap or not. leaving for a year not only possibly resets your clock, but it also *could* require you to apply under the cap again -- it is both or neither. If your 2016 H1 was not under the cap, then your clock couldn't have been reset.
 
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