Continuous stay period in USA in L1B and L2 visa. Is L2 stay counted to the cap if working on L2 EAD

Asked about 2 years ago - Phoenix, AZ

I have stayed continuously in USA for 4 years in L1B visa, then I changed to L2 based on my spouse visa. Then I went to India for L2 stamping. Now can I come back to USA and work on EAD , will it be counted against cap of 6 years if I apply for h1B in next cycle or new L1 B?
If its not counted for CAP, will the time I work on L2 EAD be considered as 1 year break for next L1B application?

Attorney answers (3)

  1. Rebecca Cook Black

    Contributor Level 15


    Lawyer agrees

    Answered . The L2 goes towards the L1A 7 year and the L1b 5 year max, but it isn't counted towards H1B so you could go to H1B

    This is a general answer only and does not imply that I am your attorney giving advice with full knowledge of all... more
  2. F. J. Capriotti III

    Contributor Level 20

    Answered . Yes, it is counted.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. J Charles Ferrari

    Contributor Level 20

    Answered . L-1 and H-1 time are what are counted.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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