L1 A(Indiviual) Stay period

[sabeer_ahamed]

Hello All,

I would like to know details of L1A stay period. I had L1A petition and visa approved from April 2008 To April 2011, but I came to US only June 2010 and stayed till Jan 2011 and returned back to India. My visa and petition got expired as dated on April 2011. Later i needed to travel once again to US and applied for fresh petition from India again L1A(indiviual) and got approved from Oct 2011 to Oct 2013.

Now my question is now many years more I can stay in US if I apply for an extension in Oct 2013? Will this new petition calculate for new 7 years ? or will the calculate along with my previous petition of 3 years( April 2008 - April 2011) ?

Any reply will be highly appreciable

Thanks and Regards
Sabeer Ahamed

[kabkaba]

The time that you actually spend in the US in L1 or H1 status counts towards the limit.

[sabeer_ahamed]

Thanks, what is the maximum stay for L1A and for each new petition does it starts from beginning?

[kabkaba]

7 years is the maximum. All the time that you spend in the US in L1 or H1 status counts towards this.

[nicoeppersma]

7 years is the maximum. All the time that you spend in the US in L1 or H1 status counts towards this.

And it is very important to realize just that: unused time (days that you were out of the country) can be reclaimed later.

[sabeer_ahamed]

Thanks for the reply, so the unused period can be claimed later in the sense when I apply for extension i need to mention all the dates when I entered and Left US? or USCIS will default know in the system my history to US and will issue the visa period accordingly?
For example i got visa in 2008 and never travelled to US until 2009 so can that 1 year be reclaimed?

[raghvi]

Thanks for the reply, so the unused period can be claimed later in the sense when I apply for extension i need to mention all the dates when I entered and Left US? or USCIS will default know in the system my history to US and will issue the visa period accordingly?
For example i got visa in 2008 and never travelled to US until 2009 so can that 1 year be reclaimed?

Yes. Normally recapture is done after or during last extension. When you submit extension request the lawyer would have to word the applications accordingly and you have to provide with proof of entrance it records to substantiate the recapture accordingly.

This is my opinion not legal advice.