What is the total number of years that I can stay on H1B visa?

Asked over 1 year ago - Jersey City, NJ

I was on L1B visa till Nov. 5th, 2012. The visa expiry date was Nov 8th, 2012. I came back to my home country and applied for fresh L1B on Jan. 30th 2013. The fresh L1B visa was denied due to not meeting specialized skills. I then applied for H1B visa for the year 2014. I have been selected in the lottery and the petition is in progress. Generally, if we stay outside of US for 1 year then the prior stay will not be counted towards our total no. of years that we could stay in US. Based on the above dates and the visa category, Can you please suggest which time would be the best to travel back to US once I get my H1B visa?

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20

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    Answered . six years including the time you have already spent on L1B unless you stay in your home country for a full calendar year before applying for the H1B.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Kyndra L. Mulder

    Pro

    Contributor Level 20

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    Answered . Somewhere in that scenario you said you won the lottery. Why not pursue that? Through the lottery you become an LPR and no longer need a visa.

  3. Anu Gupta

    Pro

    Contributor Level 19

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    Answered . H1+ L1 combined should be 6 years. This period excludes any time spent outside the US while the visas were valid.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.... more
  4. Dean P Murray

    Contributor Level 18

    Answered . The quick and dirty answer would be six years. However, immigration law is fraught with exceptions. Speak with a lawyer for information specific to your situation.

    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You... more

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