L1B Maxout period reset

[visarelated]

Question is - Does the maxout period for L1 gets reset even if we leave US and re enter US after one year with the SAME VISA ? Or maxout period RESET is applicable only if we re enter US after one year with a NEW VISA OR NEW PETITION ?

In my case I stayed in US as detailed:
1st Entry: May 2010 to April 2011 - 11 months (L1B Blanket VISA 1).
2nd Entry: September 2012 (In same Blanket L1B VISA1). This entry is more that 365 days from 1st exit but I re entered US on the same L1B VISA1.

Then got my new L1B blanket VISA2 stamped from Canada and have been staying since then with (1 or 2 months outside US for vacation).

Question is: What will be my L1B maxout period - 2017 (5 years from VISA2) or 2016 (VISA1 11 Months + VISA2 maxed to 5 years) ?

[raghvi]

Question is - Does the maxout period for L1 gets reset even if we leave US and re enter US after one year with the SAME VISA ? Or maxout period RESET is applicable only if we re enter US after one year with a NEW VISA OR NEW PETITION ?

In my case I stayed in US as detailed:
1st Entry: May 2010 to April 2011 - 11 months (L1B Blanket VISA 1).
2nd Entry: September 2012 (In same Blanket L1B VISA1). This entry is more that 365 days from 1st exit but I re entered US on the same L1B VISA1.

Then got my new L1B blanket VISA2 stamped from Canada and have been staying since then with (1 or 2 months outside US for vacation).

Question is: What will be my L1B maxout period - 2017 (5 years from VISA2) or 2016 (VISA1 11 Months + VISA2 maxed to 5 years) ?

When is your I-94 expiring?

One should enter on new visa to reset the max out period. As you entered on old visa it would not have been reset. But again Max out period is calculated based on time spent in US.

This is my opinion not legal advice.

[visarelated]

Hi Raghvi,
Thank you very much. I am also under the same impression that max out period does not get reset if someone re enters with the same visa and days outside US are only recaptured. You have been always answering questions very promptly and many thanks for that.

When is your I-94 expiring?

My I-94 is expiring in February 2016. But I may travel outside US in between and the date can change. My PED date in Visa is Dec 2015 and Visa expiry date is December 2017. I am considering that PED date is the date to which L1 B visa is valid to and need to get a new stamping or COS to other visa.

One should enter on new visa to reset the max out period. As you entered on old visa it would not have been reset. But again Max out period is calculated based on time spent in US.

So, in that case my L1 maxout should be in 2016 and not 2017, correct ?
This is my opinion not legal advice.

[siddharth3012]

L1 B Blanket Maxout Scenerio

Hi Friends - I have one more question related to L1 B Maxout period....I had L1 B (Blanket) in 2009 and I spent around more than 4 years physical days in USA on same VISA and returned back to india in Jan this year. My Company wants me to send back ASAP so want to apply for my Blanket VISA again. My question should I really need to wait for till Jan to apply for a new VISA for next 3 years (Obviously wants to reset my clock) or I can apply for my VISA now (Nov) (as I have not consumed full 5 years) and get VISA for next 3 years and travel on same day in JAN as soon as 1 year is complete. Does it look a valid scenerio ? PLease help!!!!

[raghvi]

I don't think that's how it works as during petition filing itself you have to give evidence that you have stayed out of US for 365 Days. Though the intent is to stay out till Jan how will you give an evidence that you have stayed outside US for 365 days when its not yet been 365 days.

This is my opinion not legal advice.