Legal Question in Immigration Law in Oregon

Initial Travel with fresh L1B

Oct 11 2009 to March 26 2012

Second travel with H1B applied for 2013 H1B quota during April 2012

Stamped on Jan 9 2013 Till Sep 06 2015

Entered US on Apr 8 2013

Please let me know what is the duration of my H1 visa now am I eligible for a 6 year visa term as it is a fresh H1 and I was not in US for one year

- or -

3.5 years which is remaining of 6 years from my earlier travel in L1B visa.

Also few my My Colleagues are telling me that I need to be for a year and only after that I need to apply for visa which will give complete set of allotted period. Whether i will be in US for (L1B)2.5 + (H1B remaining)3.5 = 6 years or fresh whole 6 years.


Asked on 4/21/14, 1:08 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Periods in L-1A/B & H-1B visa status are calculated in the aggregate, so one can only be in L-1A/B or H-1B status, combined, for 6 years total. The calendar is "re-set" if the person is outside the U.S. for 365 days or more.

Any periods outside the U.S., while in H-1B status, can be "recaptured" when you apply for an H-1B visa extension.

Also, if you have an approved I-140 petition, then you may also be eligible for an H-1B extension beyond the usual 6 year maximum.

Your employer should be represented by Counsel, who should be giving you legal advice regarding your case. I cannot tell you whether or not you will be eligible for an extension of stay without reviewing your file.

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Answered on 4/21/14, 1:43 pm


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