Legal Question in Immigration Law in Georgia

Hi

I was in US on L1B visa from Jun 2009 to May 2012. My visa extension got rejected in May 2012 and i came back to India. I applied for H1B in April 2013 and got it in June 2013 and in Feb 2014 came back to US.. How long, in total, my H1B visa is valid ( initial visa validity + validity after renewal) considering I was in US on L1B before for 3 years. Also, is the H1B visa clock is counted from the day I enter US?


Asked on 6/09/14, 7:34 pm

2 Answers from Attorneys
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Hello please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM

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Answered on 6/09/14, 7:44 pm
Marlene Hemmings Marlene Hemmings, Attorney at Law

Based on your facts, you were outside the U.S. for one year between the time you departed in L-1B status & the time you entered in H-1B status. Therefore, you should be allowed the full six years in H-1B status. If you have an approved I-140, with a priority date that is not current, at the time you reach your six year maximum period of stay in H-1B status, then you should be eligible for another three year extension under "AC21".

I assume your employer is represented by Counsel, & thus they are the ones who really should be providing you with this information.

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Answered on 6/09/14, 8:13 pm


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