L1A: Total Years Count and Clock Reset

[nagul1234]

Hi
Here is my situation

Stayed 2 years on L1 from Jan 2007 to Dec 2008 and returned to India due to Visa expiry.
Applied and received fresh L1 Visa under new petition in Oct 2009 but traveled to US in Jan 2010.
Will be completing 5 years in US by Dec 2014. I have Visa till Dec 2016 .

When will i complete 7 year count? i.e in Dec 2016 or in Dec 2014. Please advise.

Best Regards

[raghvi]

Hi
Here is my situation

Stayed 2 years on L1 from Jan 2007 to Dec 2008 and returned to India due to Visa expiry.
Applied and received fresh L1 Visa under new petition in Oct 2009 but traveled to US in Jan 2010.
Will be completing 5 years in US by Dec 2014. I have Visa till Dec 2016 .

When will i complete 7 year count? i.e in Dec 2016 or in Dec 2014. Please advise.

Best Regards

Only Physical stay in US is counted while calculating the 7 Years L1A limitation.

Now the issue to consider is that though you traveled after completing 1 Year outside US, the fact that you applied for new petition before completing 1 Year stay nullifies you staying out for 1 Year and the 2007-2008 period gets added to the 7 Year limitation.

So to answer to your question I dont think its either 2014 or 2016 it would be 2015. Jan 2007-Dec 2008 (24 Months) + Jan 2010 - Jan 2015 (60 Months).

Nonetheless advised to talk to your immigration attorney to determine the options.

This is my opinion not legal advice.