Question on H1 B year calculation if move from L1B

Question

Hi  ,

I have come to US in Aug 2008 on L1B for company A and get the H1 approval from Company B in Jan 2010. (It was approved till Sep 2011). I haven’t move to  H1 due to some personal reason and  gone back to India in April 2010 (Same time my L1 B was expired) . I came to US in Jan 2011 with fresh L1 B with company A . As my H1 B got approved in 2010 I can apply for H1 B transfer from L1 b anytime of the year - as per my discussion with different employer. Is it correct ?? My Second question is if I transfer to H1 suppose in Dec 2012 till what time I can be in US on H1. I have heard that my L1B tenure in US will also count when  I will move to H1.

Thanks for your help.

Answer 1

You can move from L1 to H1B anytime of the year, citing your previously approved H1B petition.

Both L1 and H1 tenures are taken for calculating maximum stay period of 6 years. Hence you could stay another 2 years and 3 months in new H1B from Dec2012 - Max 6 years minus (1 year and 9 months in old L1 (Aug2008 to Apr2010) plus 2 years with the new L1 (Jan2011 to Dec2012)).

Hope that helps.