View Full Version : How is total period for H1 is calculated if already in USA on L1
fly2_vishal
02-29-2008, 08:52 PM
Hi,
I have been in USA for 2 years on L1 & later got H1 Approval & already working on H1. I didnt left USA in this time & its been now 3 years in total. I am still to file GC. Currently I have not decided to file for GC & would like to wait/search for better employer to file GC. Please suggest what should be my strategy. & if these 2 years are counted towards total 6 years for H1.
fly2_vishal
03-03-2008, 04:30 AM
Please reply me seniors.
Hi,
I have been in USA for 2 years on L1 & later got H1 Approval & already working on H1. I didnt left USA in this time & its been now 3 years in total. I am still to file GC. Currently I have not decided to file for GC & would like to wait/search for better employer to file GC. Please suggest what should be my strategy. & if these 2 years are counted towards total 6 years for H1.
L1Question
03-03-2008, 01:59 PM
From what i know, it will count in your H1 6 years duration. So you have 3 more years left... below is something you might find worth reading...
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U.S. policy on maximum duration
In theory, the maximum duration of the H-1B visa is six years (ten years for exceptional Defense Department project-related work). H-1B holders who want to continue to work in the U.S. after six years, but who have not obtained permanent residency status, must remain outside of the U.S. for one year before reapplying for another H-1B visa.
There are generally two exceptions to the 6 year duration of the H-1B visa:
If a visa holder has submitted an I-140 immigrant petition or a labor certification prior to his 5th year anniversary of having the H-1B visa, he is entitled to renew his H-1B visa in 1 year increments until a decision has been rendered on his application for permanent residence.
If the visa holder has an approved I-140 immigrant petition, but is unable to initiate the final step of the green card process due to his priority date not being current, he may be entitled to a 3 year extension of his H-1B visa. This exception originated with the American Competitiveness in the Twenty-First Century Act of 2000.[5]
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