L-1B Visa

[david_kt_yu]

Hello, I'm a Canadian and I have my L-1B visa over 5 years. My last L-1B extenion expired on Jan 17, 2012. Since then, I mostly worked in Canada employed by the same employer. I only made a couple of entries into the US under a non-L-1B capacity like attending training, attending company meetings, etc.. I'm wonder when can apply a new L-1B again? Is there a requirement that I need to be away for a whole year before I could apply a new L-1B visa again? My employer in Canada is a subsidary company of a US parent company and it has a blank L-1. Any idea?

[raghvi]

Hello, I'm a Canadian and I have my L-1B visa over 5 years. My last L-1B extenion expired on Jan 17, 2012. Since then, I mostly worked in Canada employed by the same employer. I only made a couple of entries into the US under a non-L-1B capacity like attending training, attending company meetings, etc.. I'm wonder when can apply a new L-1B again? Is there a requirement that I need to be away for a whole year before I could apply a new L-1B visa again? My employer in Canada is a subsidary company of a US parent company and it has a blank L-1. Any idea?

Yes, if you have exhausted your 5 Years of L1B then in order to be eligible for a fresh 5 Years L1B you have to remain physically out of US for one full year.

This is my opinion not legal advice.

[david_kt_yu]

Yes, if you have exhausted your 5 Years of L1B then in order to be eligible for a fresh 5 Years L1B you have to remain physically out of US for one full year.

This is my opinion not legal advice.

Thanks Ravi. When you say "you have to remain physically out of US for one full year" so if my last L-1B visa expired on Jan 17, 2012 I'm eligible for a L-1B visa after Jan 18, 2013 if I didn't enter the US at all. If I did enter the US for any reason, the number of days would have to be added to the one-year period? For example, if I entered the US for 3 time and stayed for 10 days in 2012, I can only be eligible for a new L-1B visa on Jan 27, 2013, correct? I know the US can track how many times I entered the US but how do they find out how long each time I stayed in the US? Do they check the Canadian border agency as well? Just wondering.

[kabkaba]

The 1 year count starts from the last day you were present in the US. But short stays in Visitor status (B1/B2) do not reset the count, but that period should not be counted in the 1 year. Traveling to US in any other status will reset the count.

[raghvi]

The 1 year count starts from the last day you were present in the US. But short stays in Visitor status (B1/B2) do not reset the count, but that period should not be counted in the 1 year. Traveling to US in any other status will reset the count.

To add to this, one should submit I-94 every time one leaves US to help in tracking this, plus there is entry and exit records in the passport.

If during fresh L1B filing sufficient proof have not been provided of 1 Full year stay outside US, USCIS can raise an RFE asking for proof and you can submit tickets, boarding passes copies, passport entries, etc to prove you actually were out of US for 1 Full year.

This is my opinion not legal advice.

[david_kt_yu]

To add to this, one should submit I-94 every time one leaves US to help in tracking this, plus there is entry and exit records in the passport.

If during fresh L1B filing sufficient proof have not been provided of 1 Full year stay outside US, USCIS can raise an RFE asking for proof and you can submit tickets, boarding passes copies, passport entries, etc to prove you actually were out of US for 1 Full year.

This is my opinion not legal advice.

Raghvi, as a Canadian, I do not need to fill out a I-94 form when returning to Canada. I need to fill out the grey declarartion form when entering the US but it only tracks the entry date. I don't usually have my passport stamp with entry date as well because I could use a Nexus card to by pass the border officers.

As far as L-1B for Canadian, I found this information in the USCIS website which state:

Canadian with an approved blanket petition seeking L-1 classification: Canadian citizens, who are exempt from the L-1 visa requirement, may present the completed Form I-129S and supporting documentation to a US Customs and Border Protection (CBP) Officer at certain ports-of-entry on the US-Canada land border or at a US Pre-clearance/pre-flight inspection station in Canada, in connection with an application for admission to the US in L-1 status.

What would be your interpretation of this clause? Does it exempt me from the full year away from the US when applying for a fresh L-1B visa?

[kabkaba]

That only means that you don't need a Visa to travel to US. That does not exempt you from the 1 year requirement.

[david_kt_yu]

That only means that you don't need a Visa to travel to US. That does not exempt you from the 1 year requirement.

OK, thanks.