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Stay in USA on L1b and h1b

Norristown, PA |

Hi team, i stayed in usa on L1b visa on 42 months (2006-2010-18months, nov-2010-dec-2012- 24months). i got my h1b stamped and enter usa on 5th-march-2013. 1. so how long i can stay in usa on my new h1b? 2. when i was on vaction for 3months (dec - feb)m my payroll is running in usa(when i was in L1B). So i enter in usa again on h1b now. so my employeer need to any payroll changes related to h1b?

Attorney Answers 3


  1. You can remain in the USA in H-1B status for the duration of the validity of the LCA attached to our H-1B. The visa and I-94 will "mirror" that LCA's expiration date.

    By law, your employer needs to abide by the wage conditions he committed to when signing the LCA and other attestations and thus pay you the agreed on prevailing wage , with you as a full employee on payroll.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. it is a simple math: 6 years = 72 months. You used 42 months. You are allowed to utilize additional 32 months. Divide it by 12 you will get the years = 2 years and 10 months. The paperwork issues you need to take up with the employer and better yet his or her immigration attorney who handled the visa application.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  3. H-1Bs have a statutory maximum of six years and L-1 time counts against that maximum.

    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.