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!!! Need Help !!!! Applied L-1A Before H1B expired & applying for L1-A Extension

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  • !!! Need Help !!!! Applied L-1A Before H1B expired & applying for L1-A Extension

    Hi,

    I stayed in US for 4 1/2 years and moved to India for 1 year. But I have filed L-1A petition before H-1B expiry date. I went for L-1A visa stamping after my H-1B expiry date. Now my L-1A Visa/Petition/I-94 is getting expired in beginning of May-2010.

    My question is when I apply for I-94 extension, will they consider my 1 year out of USA as a H1B cap reset or they will treat it as max of 7 year for L-1A. I am wondered whether I am eligible to apply for extension.. Please help me.. I am running out of time.

    Thanks for your help.

  • #2
    Can someone please reply to my post...

    Comment


    • #3
      Can someone please clarify the stay for H1B + L1A?

      H-1B (expired after 6 yrs) + L-1A (going to expiry in May 10) stay is 6 years or 7 years.

      Will the H1B reset if I stay out of country for 1 year before H1B expiry?

      Comment


      • #4
        H1B + L1 together is 6 years. If you stay out of the country for 1 whole year, then the H1B clock will reset. However, to get a fresh 6 year term, you will need to file a new H1B which is subjected to CAP.


        Originally posted by mr2132 View Post
        Can someone please clarify the stay for H1B + L1A?

        H-1B (expired after 6 yrs) + L-1A (going to expiry in May 10) stay is 6 years or 7 years.

        Will the H1B reset if I stay out of country for 1 year before H1B expiry?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Thank you very much for your response, I stayed out of country for 1 year before H1B expired.. then applied L1A and came back to US. Will my H1B clock will reset and I can apply for L-1A extension now?

          Awaiting for the reponse.

          Thank you...

          Comment


          • #6
            Are you saying that you stayed out of U.S for 1 year and then applied for L1A and travelled back? If yes, then the clock should have reset.

            Originally posted by mr2132 View Post
            Thank you very much for your response, I stayed out of country for 1 year before H1B expired.. then applied L1A and came back to US. Will my H1B clock will reset and I can apply for L-1A extension now?

            Awaiting for the reponse.

            Thank you...
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              thank you

              Comment

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