L1A max out

[nagul1234]

Hello,

Require your advice in this case.
I was in US from 14th Jan 2007 – 27 Dec 2008 on L1B visa.
Applied Fresh L1A visa in Dec 2009. Visa effective date 29 Dec 2009. Entered US on 4th Jan 2010.
I will complete 5 years of continues stay in US in Dec on L1A. Current visa is valid till Sep 2016.
My question here do I complete 7 years in Dec 2014 or Dec 2016?

[raghvi]

Hello,

Require your advice in this case.
I was in US from 14th Jan 2007 – 27 Dec 2008 on L1B visa.
Applied Fresh L1A visa in Dec 2009. Visa effective date 29 Dec 2009. Entered US on 4th Jan 2010.
I will complete 5 years of continues stay in US in Dec on L1A. Current visa is valid till Sep 2016.
My question here do I complete 7 years in Dec 2014 or Dec 2016?

A good attorney would be able to determine the same after seeing the paper work. If there was a 365+ days gap between your L1B exit date and L1A petition filing date then I think your 7 Years would complete only in 2016. Advisable to check with an attorney.

This is my opinion not legal advice.

[nagul1234]

A good attorney would be able to determine the same after seeing the paper work. If there was a 365+ days gap between your L1B exit date and L1A petition filing date then I think your 7 Years would complete only in 2016. Advisable to check with an attorney.

This is my opinion not legal advice.

Thank you for the advice.

I see three different end points for calculating the 1 year gap. What is the standard?

1) USA exit date to -> New petition filing date
2) USA exit date to -> New Visa Effective date
3) USA exit date to -> USA entry date on new Visa

[raghvi]

Thank you for the advice.

I see three different end points for calculating the 1 year gap. What is the standard?

1) USA exit date to -> New petition filing date
2) USA exit date to -> New Visa Effective date
3) USA exit date to -> USA entry date on new Visa

I would say option 1 as option 2 and 3 dates are not available at the time of taking the decision.

This is my opinion not legal advice.