L1B Visa Stay policy

[niteshnaini]

Hello folks,

I am having L1B Visa. I stayed for 3 months in USA from august to October in 2013, And in 2014, again I arrived in USA in September.
Can anyone please confirm that for how many days I can stay this time.

I am totally confused about the 180 days stay limitation policy, as I came back to USA in completely different financial year.


Please help me.


Thanks,
Nitesh Naini

[raghvi]

Hello folks,

I am having L1B Visa. I stayed for 3 months in USA from august to October in 2013, And in 2014, again I arrived in USA in September.
Can anyone please confirm that for how many days I can stay this time.

I am totally confused about the 180 days stay limitation policy, as I came back to USA in completely different financial year.


Please help me.


Thanks,
Nitesh Naini

180 Days, financial year are irrelevant unless I am missing something which you have not told.

Your allowed stay is decided by I-94, generally visa officer write it on the seal of entry in your passport, in case a date is not mentioned, you can retrieve it from here, by filling the details:

https://i94.cbp.dhs.gov/I94/request.html

This is my opinion not legal advice.

[niteshnaini]

Thanks for the quick response Raghvi,

Can you tell me if I go back to India in Dec 2014, after how many days can I back. How many days of gap is required to enter US again, without paying extra tax ( by extra tax, I am referring to tax which my company will be supposed to pay if I stay continuously for more than 180 day ).

180 Days, financial year are irrelevant unless I am missing something which you have not told.

Your allowed stay is decided by I-94, generally visa officer write it on the seal of entry in your passport, in case a date is not mentioned, you can retrieve it from here, by filling the details:

https://i94.cbp.dhs.gov/I94/request.html

This is my opinion not legal advice.

[raghvi]

Well this sounds more like the partial "per-diem model" some companes employ in order to avoid paying taxes in US.
I have seen some cases whee the person stays on for more than 180 days but still the company manages per diem model. I dont know the way it works out though. You would have to seek a tax expert advice.

This is my opinion not legal advice.