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sunee
01-03-2015, 11:50 AM
I got L1-B visa in November 2008 from Employer A and I came to USA in April 2009.
L1-B visa got expired and extension got rejected in January 2012 and I went back to India on January 12th 2012.
Employer A applied for new H1 in April 2012 and it got approved from October 1st 2012 to September 30th 2013.
I came to USA on January 20th 2013 (which have more than 365 days stay in India).
I transferred my H1 to employer B in September 2012 and petition got approved until July 2016.

My question is, How long I can stay in USA? Please let me know. Looks like.. I realized in last minute...

greyhair
01-03-2015, 07:24 PM
I got L1-B visa in November 2008 from Employer A and I came to USA in April 2009.
L1-B visa got expired and extension got rejected in January 2012 and I went back to India on January 12th 2012.
Employer A applied for new H1 in April 2012 and it got approved from October 1st 2012 to September 30th 2013.
I came to USA on January 20th 2013 (which have more than 365 days stay in India).
I transferred my H1 to employer B in September 2012 and petition got approved until July 2016.

My question is, How long I can stay in USA? Please let me know. Looks like.. I realized in last minute...

My understanding is that on H-visa you can stay for 6 years. So even if you stayed in L-1 visa before, that period will not be counted towards the 6 years period. If you came to US on H-visa on January 20th 2013, then add 6 years to that date. If you visited out of US in-between, that out of country period will not be counted towards your 6 years stay.

If your employer files labor certification for green card before the start of the 5th year i.e. if you have labor certification filed more than 365 days, then you can get yearly H-visa extension beyond the 6th year.

If you have I-140 approved then you can get 3-year incremental H-visa extension after 6 years.

If you get green card approved, then you no longer need to renew H-visa ;)

PS: I am not a lawyer so please consult with your lawyer for any legal advice

sunee
01-03-2015, 10:38 PM
Thanks a lot for the response !

Rabby
01-26-2015, 05:25 AM
It is six years. However, it is my belief that the amount of time you are in the US on L1 also counts towards this six year timespan, so you would have to factor in your L1 time and take it off the six-year total. If you leave the US while on H1 visa this time will not be counted towards the six years.

At the end of the six years you need to leave the US, or obtain a different type of visa such as a student visa. Check out the information here on extending your stay if needed Extending Your Stay (http://travel.state.gov/content/visas/english/general/in-the-u-s-/stay.html) Check with a lawyer as it is complicated and you donít want to overstay by mistake.

spicy_guy
01-26-2015, 01:00 PM
I got L1-B visa in November 2008 from Employer A and I came to USA in April 2009.
L1-B visa got expired and extension got rejected in January 2012 and I went back to India on January 12th 2012.
Employer A applied for new H1 in April 2012 and it got approved from October 1st 2012 to September 30th 2013.
I came to USA on January 20th 2013 (which have more than 365 days stay in India).
I transferred my H1 to employer B in September 2012 and petition got approved until July 2016.

My question is, How long I can stay in USA? Please let me know. Looks like.. I realized in last minute...

Did you get I-94 card at the port of entry, stamped and dated by the officer at PoE? It does not matter what date you see in H1 Approval. I-94 date decides your stay.

sunee
01-26-2015, 05:08 PM
Thanks for the response Rabby !!

Hi spicy_guy,

When I came back In January 2013, I got I-94 from January 2013 to October 2013.

In July 2013, I applied for H1B transfer along with extension and it got approved.
The I-94 showing on the extension approval (I-797A) is from December 2013 to July 2016.

I have one year stay in India between the last day of the stay with L1-B visa (January 2012) and the first day of the stay with H1-B visa (January 2013). But, I don't have one year stay between the last day of the stay with L1-B visa (January 2012) and the first day of the validity for H1-B visa (October 1st 2012). I'm not sure...which one I have to consider. Please help me.

sac-r-ten
01-26-2015, 09:58 PM
Did you get I-94 card at the port of entry, stamped and dated by the officer at PoE? It does not matter what date you see in H1 Approval. I-94 date decides your stay.

That is not exactly true. Last action prevails. i.e if H1 extension/transfer-approval comes while you are in US, you get a new I94 attached to your I797, which in turns becomes your H1B visa expiration date.

spicy_guy
01-27-2015, 04:09 PM
That is not exactly true. Last action prevails. i.e if H1 extension/transfer-approval comes while you are in US, you get a new I94 attached to your I797, which in turns becomes your H1B visa expiration date.

Thats right. My point is same. Whatever is date printed/stamped in I-94 is the valid date. If H1 is approved while in US, obviously I-94 is attached to the I797.