L1 B Visa Duration - Need help

[nmv1983]

Hi,

I came to US in 2009 on L1-B Visa, which expired in 2011. And I went to India in 2011 May. Then, I got a Fresh visa stamped, which expires in 2014.

I heard people saying that an L1-B visa holder cannot stay in US for more that 5 consecutive years. Is that true?
In my case, by Jan 2014, I will complete 5 years in US. So, would it be illegal for me to stay in the country from Jan 2014 - May 2014?

Please advise.

Thanks in advance,
Venkat

[raghvi]

Hi,

I came to US in 2009 on L1-B Visa, which expired in 2011. And I went to India in 2011 May. Then, I got a Fresh visa stamped, which expires in 2014.

I heard people saying that an L1-B visa holder cannot stay in US for more that 5 consecutive years. Is that true?
In my case, by Jan 2014, I will complete 5 years in US. So, would it be illegal for me to stay in the country from Jan 2014 - May 2014?

Please advise.

Thanks in advance,
Venkat

Yes it is true that one can stay on L1B only for 5 years. You have to calculate the physical presence days in US. Advisable to sit with a lawyer with all entry and exit dates of US to determine when your 5 year period gets over.

When did you apply for new L1 after returning to Indian in 2011 May? If you applied with fresh petition after staying 1 year outside US you may be eligible for fresh 5 years period.

This is my opinion not legal advice.

[nmv1983]

Yes it is true that one can stay on L1B only for 5 years. You have to calculate the physical presence days in US. Advisable to sit with a lawyer with all entry and exit dates of US to determine when your 5 year period gets over.

When did you apply for new L1 after returning to Indian in 2011 May? If you applied with fresh petition after staying 1 year outside US you may be eligible for fresh 5 years period.

This is my opinion not legal advice.

Thank you for your opinion. I shall calculate based on the dates.