L1B extension possibiility for less than a year and query on clock reset

[avijitghosh]

Hi,
I am holding L1-B petition and following are my US stay details.

- From and including: Saturday, November 24, 2007 To and including: Sunday, March 1, 2009 >> Result: 464 days Or 1 year, 3 months, 6 days

- From and including: Saturday, May 30, 2009 To and including: Wednesday, July 1, 2009 >> Result: 33 days Or 1 month, 2 days

- From and including: Saturday, June 12, 2010 To, but not including Saturday, August 21, 2010 >> Result: 70 days Or 2 months, 9 days

- From and including: Monday, August 15, 2011 To and including: Tuesday, September 9, 2014 (Current Petition End date) >> Result: 1122 days Or 3 years, 26 days

Combining above my total stay up to current petition end date would be: 4 years 7 months 13 days

Based on above details, I would like to get clarifications on following:

- Am I eligible for getting an extension of 4 months 17 days as I did not utilize full 5 years?
- Looking at 2 big out of US gaps (347 days and 360 days), am I eligible for getting a clock reset for my L1-B petition?

Thanks in advance.

[raghvi]

Hi,
I am holding L1-B petition and following are my US stay details.

- From and including: Saturday, November 24, 2007 To and including: Sunday, March 1, 2009 >> Result: 464 days Or 1 year, 3 months, 6 days

- From and including: Saturday, May 30, 2009 To and including: Wednesday, July 1, 2009 >> Result: 33 days Or 1 month, 2 days

- From and including: Saturday, June 12, 2010 To, but not including Saturday, August 21, 2010 >> Result: 70 days Or 2 months, 9 days

- From and including: Monday, August 15, 2011 To and including: Tuesday, September 9, 2014 (Current Petition End date) >> Result: 1122 days Or 3 years, 26 days

Combining above my total stay up to current petition end date would be: 4 years 7 months 13 days

Based on above details, I would like to get clarifications on following:

- Am I eligible for getting an extension of 4 months 17 days as I did not utilize full 5 years?
- Looking at 2 big out of US gaps (347 days and 360 days), am I eligible for getting a clock reset for my L1-B petition?

Thanks in advance.

Yes you are eligible for requesting the remaining time if you can prove that you indeed stayed out of US for those days.
In order to be eligible one has to remain outside for an entire year and file a new petition. You didn't stay out for an entire Year nor did you apply for fresh petition so you wouldnt be getting a fresh 5 Year eligibility.

This is my opinion not legal advice.

[avijitghosh]

Yes you are eligible for requesting the remaining time if you can prove that you indeed stayed out of US for those days.
In order to be eligible one has to remain outside for an entire year and file a new petition. You didn't stay out for an entire Year nor did you apply for fresh petition so you wouldnt be getting a fresh 5 Year eligibility.

This is my opinion not legal advice.

Thanks a lot for your response. Is there any possibility that USCIS would consider 360 days as a reasonable time for clock reset or it would be a straight NO-NO. I know this is very much subjective question but just trying to get some opinion on this as well.

Whatever the case is, thanks a ton for the reply and helping me out in planning accordingly.

[raghvi]

Thanks a lot for your response. Is there any possibility that USCIS would consider 360 days as a reasonable time for clock reset or it would be a straight NO-NO. I know this is very much subjective question but just trying to get some opinion on this as well.

Whatever the case is, thanks a ton for the reply and helping me out in planning accordingly.

You are not getting the point. The law says one has to apply for fresh petition after completing 1 Full Year outside US. So assuming, hypothetically , that USCIS does consider 360 days, it would still mean that you apply for fresh petition while being outside US. So when you completed 360 Day period you should have applied for fresh petition instead of re entering on an old petition in 2011.

If your case is considered, someone who filed L1 in say 2010, was in US from 2010 till 2011, then out of US from 2011 till 2013 and re entered US in 2014 should be eligible for fresh 5 Years period on old petition? Unfortunately this is not how it works.

This is my opinion not legal advice.