I94 Validity on L1A

[sarahw]

Hi, I worked in US on L1A for six years.
In 7th year I lived in Canada most of the time and was in US for may be three weeks.
However, US immigration did not take my I94 while entering Canada.

Does US immigration still consider I lived in US the whole year?
and in this case I need to stay out of the country for another year to file for work visa again?

Appreciate any information.

Thanks.

[raghvi]

Hi, I worked in US on L1A for six years.
In 7th year I lived in Canada most of the time and was in US for may be three weeks.
However, US immigration did not take my I94 while entering Canada.

Does US immigration still consider I lived in US the whole year?
and in this case I need to stay out of the country for another year to file for work visa again?

Appreciate any information.

Thanks.

If you havent spent time on US soil then that time is not counted.

Now, the issue is how do you prove this without the I-94 having been turned in and records updated. Do you have entry and exit recorded in passport?

How do you prove that you were in Canada? pay stubs? etc

A good immigration lawyer should be able to gather proofs from you and present the case to USCIS to re capture the time spent outside US.

This is my opinion not legal advice.

[sarahw]

If you havent spent time on US soil then that time is not counted.

Now, the issue is how do you prove this without the I-94 having been turned in and records updated. Do you have entry and exit recorded in passport?

How do you prove that you were in Canada? pay stubs? etc

A good immigration lawyer should be able to gather proofs from you and present the case to USCIS to re capture the time spent outside US.

This is my opinion not legal advice.

Thanks Raghvi for your quick response.
After seven years on L1, can I travel on B1/B2 for short business trips instead of staying there and work?

[kabkaba]

Short trips on B1/B2/Visitor status do not reset the clock. However, the trip period itself must not be included in the 1 year.

[sarahw]

Short trips on B1/B2/Visitor status do not reset the clock. However, the trip period itself must not be included in the 1 year.

Just need a bit clarification.
I do not want to go through legal to prove that last one year I was not in US.
In this case US considers me to be on their soil for complete seven years.
So going on B1/B2/Visior visa will not reset one year clock. That's what I understood from your message above.

"However, the trip period itself must not be included in the 1 year." - I am not sure what you meant by this.
Appreciate your response.

Thanks.

[kabkaba]

Here's an example.
You leave the US on Jan 1. Spend 4 months abroad. Return to US as a Visitor on May 1. Spend 1 week in the US and then leave on May 7. You will then be eligible for fresh 7 years of L1A status on Jan 7 of next year and not Jan 1. So the one continuous year abroad requirement was not reset because of the short trip, but that trip did not count towards the 1 year.

[sarahw]

Here's an example.
You leave the US on Jan 1. Spend 4 months abroad. Return to US as a Visitor on May 1. Spend 1 week in the US and then leave on May 7. You will then be eligible for fresh 7 years of L1A status on Jan 7 of next year and not Jan 1. So the one continuous year abroad requirement was not reset because of the short trip, but that trip did not count towards the 1 year.

Thanks a lot for detailed explanation. Now it makes more sense.
One last question. In above thread you mentioned I can travel on B1/B2/Visitor. Just need a bit clarification.
Will it be a problem getting a business visa( not visitor) since I worked there 7 years?

Thanks.

[raghvi]

If you have valid reason for business travel and have enough ties back to the home country it shouldn't be difficult.

But very frequent trips even on B1 may hinder the reset of the 1 Year Outside period. If you are really interested in resetting the clock, I would strongly advise in staying fully out of US for an entire year and not travel into US on any visa during that 1 Year.


This is my opinion not legal advice.