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Does my stay of 4.5 yr on L2 visa count against the time of H1B? or i get fresh 6 yr for H1B apart from time spend on L2.

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i had completed 4 yr on L2 visa(Dependent of L1A) then i applied H1B last year.I got my H1b approved for 3 more years. Its been 6 month i am working on H1B and my total stay in USA would be 5 year in Dec 2012(including 4.5on L2 and 6 month on H1B.My question is do i need to apply my labor before 5th yr completion of total stay or do i get fresh 6yr on H1B.If i get fresh 6yr then i can apply labor later but if i dont get that time i need to apply now.Any help would be highly appreciated.

Attorney Answers

3
Miroslava Rincon ·
A memorandum dated December 5, 2006 and linked below, "Clarifies that time spent as an H-4 and L-2 dependent does not count against the maximum allowable periods of stay available to principals in H-1B and L-1 status." http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/periodsofadm120506.pdf
0 upvotes
F Capriotti 2793192.Html ·
All time spend in L and H (irrespective of the 'sub' number) count toward the max. The only way to get a fresh start is to leave the US for 365 days.
0 upvotes

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