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When a new visa is applied (or COS from L2 to H1), does the L2 period counted in Max Out Period?

Charlotte, NC |

Currently I am having L2 visa for past 8 months and previously I had L1 Visa and stayed in US on L1 for 3.5 years. My question is if I apply for COS next year then would my L2 and L1 duration stay counted or it would the Clock is reset for me to 0?

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Attorney answers 4


Its counted. Any time you spent in L-1A or L=1B and H-1B is cumulative and no clock reset unless you stay and remain outside the US for 1 year. L-2 and H-4 status is not counted towards the maximum time in H-1B (6 years) and L-1A (7 years) .


L2 is not counted in H1B


I agree with my colleagues.


In order for you to effectively "reset" the max out clock, you will need to REMAIN OUTSIDE THE U.S. for an entire year (12 months) and than come back.

Hiding behind an other visa category as a dependent will simply not do the trick.

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.

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