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

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

Posted

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 the particulars of your case or that there is any attorney client relationship. I strongly urge you to retain experienced legal counsel who can better advise you once they have reviewed all your documentation and are fully apprised of the details of your case. Rebecca Black Immigration 5800 Beach Blvd. Ste 203-176 Jacksonville, FL 32207 904-999-4928 Tel & Fax

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1 lawyer agrees

Posted

Yes, it is counted.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.

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Posted

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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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