L1B Visa-How long I can stay with new L1B visa without reseting the cycle

[Karthikly]

Hi All,

Below is my situation.

I came to USA in Jan, 2009. I stayed till April, 2012 in USA. In this stay I visited India only once for 10 days.
In April, 2012 I went back to India.
In the month of August,2012 I applied for L1B visa.
I got my visa stamped in October, 2012. I got my visa stamped till October, 2015.
I came to USA in the month of Dec, 2012. My I94 will also expire in October, 2015.

Now my question is upto what date I can stay?
Considering I had stayed for 3.3years earlier(2009 to 2012). Is it that now I can stay for another 1.9years?
Or can I stay till my visa/I94 will expire?

Please help.

Thanks,
Karthik

[raghvi]

Hi All,

Below is my situation.

I came to USA in Jan, 2009. I stayed till April, 2012 in USA. In this stay I visited India only once for 10 days.
In April, 2012 I went back to India.
In the month of August,2012 I applied for L1B visa.
I got my visa stamped in October, 2012. I got my visa stamped till October, 2015.
I came to USA in the month of Dec, 2012. My I94 will also expire in October, 2015.

Now my question is upto what date I can stay?
Considering I had stayed for 3.3years earlier(2009 to 2012). Is it that now I can stay for another 1.9years?
Or can I stay till my visa/I94 will expire?

Please help.

Thanks,
Karthik

The Visa that you got was more of an oversight. As you haven't reset the clock by staying 1 Year outside US, you can stay for 1.9 Years, not till I-94 expiry. One can be on L1B for max 5 Years without resetting the clock. Even if USCIS grants you visa or you get I-94 beyond that period, its your responsibility to follow the laws.

This is my opinion not legal advice.