L1 after 5 years

[ErShweta]

Hi All,

I got my L1 B Stamped in March 2012.

After that I am travelling to and fro between US and India.(Out of 4 years , two years in US and two in India)

Currently I am in US and want to stay after March 2017 also.

Will my stay be Valid after Mar 2017 ? (As per the rules , If you are on same L1 for 5 years , you need to stay out of US for one year)

My doubt is as I was not in US for 2 years..So still the 5 year rule will apply?

[raghvi]

Hi All,

I got my L1 B Stamped in March 2012.

After that I am travelling to and fro between US and India.(Out of 4 years , two years in US and two in India)

Currently I am in US and want to stay after March 2017 also.

Will my stay be Valid after Mar 2017 ? (As per the rules , If you are on same L1 for 5 years , you need to stay out of US for one year)

My doubt is as I was not in US for 2 years..So still the 5 year rule will apply?

Till when is your visa stamp valid? Till when is your I-94 valid? Till when is your I797 valid?

[Libra_14]

5 year is calculated based on where you really get paid (salary).

So if you worked in US for 2 years (got salary in US) & then 2 years in India (got salary in India). You can still work for another 3 years in USA.

But if you were travelling between India & USA every week/month & all time paid in USA - you are completing your 5 years.

Hope that answers your question. Ofcourse, you'll need to get your visa/petition renewed.


- Not a legal advise, just MY opinion