Query on h1B stay period in USA

R

rahul3103

New Member
Hi,

I have a query on my h1B stay period in USA. Please assist me, details are:

  1. I came to USA on L1B VISA in APR 2016 – first time entry to USA
  2. L1B VISA expired in JAN 2019 & L1B extension filed in JAN 2019 – I was using 240 days grace period while waiting on L1B extension decision
  3. While waiting for L1B extension decision, my company filed for H1B & got picked in the lottery in JUN 2019
  4. L1B extension rejected in Sep 2019 – Left USA in first week of SEP 2019 (H1B decision was still pending)
  5. H1B Approved in Dec 2019 – validity 1 year
  6. Feb 2020 – As I was in INDIA, went for VISA stamping, but got 221g for some reason and later didn’t get appointment/stamping because of COVID restrictions & lockdown
  7. Dec 2020 – H1B approval expired & filed H1B extension – while I was in INDIA
  8. Mar 2021 – H1B extension Approved (while I was in INDIA)
  9. Nov 2021 – Got H1B stamping in INDIA
  10. Dec 2021 – Entered in USA (stayed in INDIA for more than 2 years)
Please find the attachment for the pictorial view of above change of statuses.

I need to know, how much time I have left on h1B? Will I get complete 6 yrs for h1B or only the amount of time left after L1B VISA?

NOTE: I have recently changed the job and got approval till August 2025 (with updated I94 date). Looking at the approval notice, my approval validity is beyond 6 years, considering my status is L1B + H1B (6 years). Does USCIS check the previous records and gives APPROVAL or it can be mistake to approve beyond 6 years?


Thanks in advance!
 

Attachments

  • VISA & travel info.JPG
    VISA & travel info.JPG
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There will be total of 6 years of stay permitted in H-1B status that can also include time spent on L status too. Is there I-140 approved on your behalf, then it that case you are entitled for more than 6 years.
 
whitemimauz3 said:
There will be total of 6 years of stay permitted in H-1B status that can also include time spent on L status too. Is there I-140 approved on your behalf, then it that case you are entitled for more than 6 years.
Click to expand...
Thank you for the reply. I have spent more than 2 years in INDIA without using any H1B quota.
1. While I was waiting for L1B extension results, my H1B was just picked (not approved at this time) in lottery in 2019.
2. After that, L1B extension denied in Sep 2019 and left USA.
3. Then in Dec 2019, H1B approved while in INDIA.
4. Entered USA in Dec 2021

So to reset H1B CAP, what should have been the criteria?

Thanks!
 
Calculate number of days present in US on H or L status. That's where your answer lies, and 1 year outside US after 6 years of stay will also resets H-1B
 
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