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Immigration Issues/Request for help in Visa duration

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Question
QUESTION: Initial Travel with fresh L1B
Oct 11 2009 to March 26 2012

Second travel with H1B
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. Really appreciate if you could clarify.

ANSWER: Hi,

As you were not physically present in the U.S. from March, 2012 to April, 2013, the six year H1B clock starts on April 08, 2013 (commencement of H1B status). Thus, you are eligible for a full 6 years in H1B status effective from April 08, 2013. Your employer should not an extension to extend your H1B status no later than Sep. 06, 2015.

---------- FOLLOW-UP ----------

QUESTION: Ajay,
Thanks for your time and reply. I am still confused with what i am getting from my colleagues

*L1B *
Stamped Apr - 2009
Traveled to US
Oct 11 2009 to March 26 2012

My company applied for H1B Visa to USICS on Apr 2012 and got the approval notice from USICS on Sep 2012
Second travel with H1B
Stamped on Jan 9 2013 Till Sep 06 2015
Entered US on Apr 8 2013 - And staying till date.

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. Please consider this as my last question since this as been haunting me for ever to make any big decisions. Whether i will be in US for (L1B)2.5 + (H1B remaining)3.5 = 6 years or fresh whole 6 years. Once again Thanks a lot for your help

Answer
Hi,

Our earlier response is valid based on the fact that you were outside the U.S. for one year, and thus a new 6 year term for H1B is applicable.

Please modify the last sentence of our earlier response to read as follows: Your employer should file an extension to extend your H1B status no later than Sep. 06, 2015.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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