H1B Visa max out calculation

USA H1B Visa
1

Hi,

Would like to know how the MAX out is being calculated for US Visa. Below is my scenario

L1B Issue date : 09JUL2012 Exp date : 05JUL2015 . Date of first visit : 20JUL2012 and returned to India due to project issues on 11APR2015.

Same year 2015 I got my H1B picked in lottery and approved. But went for stamping on 20APR2016 then entered in US with H1B ON 17JUL2016 and continuing now in H1B.

Now my query is whether my max out period will be calculated based on L1B entry OR

Due to more than a year stay in India, will it be from H1B entry date.

Could you please explain on it. thanks !

2

Since you stayed in India between your L and H1B time, your H1B 6 year time starts from your H1B entry date.

3

Hi Anil,

Thanks for the update.

You mean even the L1 expiry and H1b effective date is in same 2015. (Less than a year gap) but due to out of US reason the counter reset??

4

The counter sets when you are inside US.
Visa approval dates are not considered while counting the time you spend in US.

5

Hi Anil,

You had updated me already still due to recent confusion from my employer side. Posting the same question again with more in depth details. (My employer immigration team says need to calculate from L1b period).

6

I do not understand the dates the way you have presented.

I cannot do the calculations for you. You have to do them yourself or ask your immigration team to do it for you.

I can only help with the rules as per my best knowledge.

7

Hi Anil, Sorry for the inconvenience.

On high level the exit date on L1B was 11APR2015 (L1b expiry date 05JUL2015)
Approval date on H1b was around September 2015 - Stamped on April 2016. Entry date with H1B July2016.

The time gap between L1b & H1b out of US stay was more than 365 days. So still I can get the 6 years from H1b entry date July2016. Please advice . Thanks.

8

I have already answered based on my understanding of your case details.

If your employer has different opinion, then they may have decided it based on the extra details that they have about your case.

9

H1B Max out date reaching but visa still valid 1 more year. My stay was like
April 2014 - dec 2016 - L1
Aug 2017 - Oct 2019 - L1 + H1 (got H1 status changed in between)
Dec 2019 - till now
My H1 visa is stamped till Sep 2021
Can I stay in US after November 2020 ?