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H1 B Maxout Calculation - Does L1 Stay Counts If I Was Outside Us For 1 Year

Discussion in 'Nonimmigrant Visa Validity' started by akm1, Feb 2, 2017.

  1. akm1

    akm1 New Member

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    Hi,

    Please advice on below. I am very confused with different opinions about my case(max out calculation) from different people/forums and looking for some direction here.

    Find below my stay history in US
    Mar 2010 - Jul 2011: L1-B
    New H1 B Petition filed in Apr 2012
    Came back to US in May 2013 - Nov 2013
    Again travelled to US in May 2014 - here since then.

    I am getting opinion where people say that since my H1-B petition was filed before expiry of 1 year cool off period so my L1 stay will be used in maxout calculations.

    Please advice
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If your 2012 petition was cap-exempt, then the L time counts. If it was a lottery petition, the clock started in 2013.
     
  3. akm1

    akm1 New Member

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    Thanks Ron. My 2012 petition was fresh(non- exempt) and went thru the annual cap.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Then your clock started in October, 2012.
     

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