L-1 Extension after stay in India, clock rest

[Monicaa]

My blanket L-1 visa was stamped on March-2011. It was from March-2011 till March-2014. I stayed in USA for 7 months, from May-2011 till Dec-2011. Then I went to India and stayed for around 2 years in India, from Jan-2012 till Oct-2013. I came to USA again in Oct-2013. I applied for extension and got the extension from March-2014 till March-2016. I again visited India for 1 month from March-2014 till April-2014 and stamped extension in my passport. When I re-entered USA on April-2014 they gave me I-94 till March-2017 even though my extension was valid till 2016.

Two questions
1. Can I again apply for L-1 extension?
2. Can I stay till 2017 or I should go back voluntarily in 2016?

Please note that I stayed more than 1 year in India so I guess my clock reset when I came back to USA in Oct-2013

[raghvi]

My blanket L-1 visa was stamped on March-2011. It was from March-2011 till March-2014. I stayed in USA for 7 months, from May-2011 till Dec-2011. Then I went to India and stayed for around 2 years in India, from Jan-2012 till Oct-2013. I came to USA again in Oct-2013. I applied for extension and got the extension from March-2014 till March-2016. I again visited India for 1 month from March-2014 till April-2014 and stamped extension in my passport. When I re-entered USA on April-2014 they gave me I-94 till March-2017 even though my extension was valid till 2016.

Two questions
1. Can I again apply for L-1 extension?
2. Can I stay till 2017 or I should go back voluntarily in 2016?

Please note that I stayed more than 1 year in India so I guess my clock reset when I came back to USA in Oct-2013

L1B or L1A?

Clock does not reset merely by staying out of US for an entire year. It gets reset only if one stays out of US and applies afresh. As you re entered using an older visa and extended the same all previous L1 stays gets accumulated. So you do the Math and calculate how many days have you lived in US physically on L1B status. If and when nearing 5 Years(for L1B), and 7 Years for L1A then you should voluntarily leave before 5/7 Years, even if you have a valid I-94 beyond that limitation.

This is my opinion not legal advice.

[Monicaa]

L1B or L1A?

Clock does not reset merely by staying out of US for an entire year. It gets reset only if one stays out of US and applies afresh. As you re entered using an older visa and extended the same all previous L1 stays gets accumulated. So you do the Math and calculate how many days have you lived in US physically on L1B status. If and when nearing 5 Years(for L1B), and 7 Years for L1A then you should voluntarily leave before 5/7 Years, even if you have a valid I-94 beyond that limitation.

This is my opinion not legal advice.

Thanks Raghvi, really appreciate the SUPER FAST response.

I am on L1B visa. One followup question is - How physical stay in USA effects L1B extension?

Not sure if I am I eligible for further extension beyond 2016, because my total physical stay in USA is 3 yrs. My visa was from Mar-2011 till Mar-2014 and then extension stamped Mar-2014 till Mar-2016. From 2011 till 2016, I stayed 2 years in India, so out of 5 L1B years I can stay max 3 years in USA. So 2 years are still pending, so Can I apply for extension beyond 2016? I am concerned because my L1B visa is completing 5 years duration 2011 till 2016.

again thanks for fast response.

[raghvi]

Thanks Raghvi, really appreciate the SUPER FAST response.

I am on L1B visa. One followup question is - How physical stay in USA effects L1B extension?

Not sure if I am I eligible for further extension beyond 2016, because my total physical stay in USA is 3 yrs. My visa was from Mar-2011 till Mar-2014 and then extension stamped Mar-2014 till Mar-2016. From 2011 till 2016, I stayed 2 years in India, so out of 5 L1B years I can stay max 3 years in USA. So 2 years are still pending, so Can I apply for extension beyond 2016? I am concerned because my L1B visa is completing 5 years duration 2011 till 2016.

again thanks for fast response.

L1B can be extended upto max 5 Years and those 5 Years are physical presence years not calendar years. If your calculations are right, as of 2016 you would have spent 3 Years in US on L1B, so potentially are eligible for an additional 2 Years of L1B stay. Now, as you already have a I-94 till 2017 , you can continue to stay in US till that time without need to file an extension, as you would not still be crossing the 5 Year limit till 2017. In case you leave US after March 2016 you need to go for a new visa stamping.

For stay beyond 2017 your legal team would have to build a case to first prove that you were not in US for 5 Years (by showing relevant entry and exit records) and also to prove that you have specialized skills relevant to your organizational needs just the way they did in 2014 extension request.

This is my opinion not legal advice.