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5 Years Stay on three different L1Bs

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  • 5 Years Stay on three different L1Bs

    Hi Experts, I have a question on my stay in United States.
    1. I came here in States on my first L1B (let’s call it A) from March to June 2008 (3 months – On First L1B). Then on the same (A) visa I came back in March to June 2010 (3 months – On First L1B).
    2. After that I came back in August 2010 with a fresh L1B (let’s call it B) and stayed till October 2011 (1 year 2 months on Second L1B).
    3. Then I went back to India (and stayed in India for 1 year 5 months – this stay in India should have reset my previous months on A) and
    4. Then I came back on the same L1B (B) visa in April 2013 and stayed till 16 Sep 2015 (2 year 5 months). But my second L1b (B) expired in July 2013 itself, but I had valid I-94 using which I stayed till 16 Sep 2015.
    5. After that I got my fresh third L1B stamped (let’s call it C) and came back to USA in October 2015 and am presently here so now on L1B (C) I have stayed 1 year 7 months.
    Looking at the period of stay in point 4 (for 2 years 5 months on SECOND L1B Visa) and point 5 (for 1 Year and 7 months) on THIRD L1B visa I completed overall 4 years. My third L1B expires in September 2018.
    Can you tell me if the 5 year stay on L1B rule means that on third L1B visa for me starting from September 2015, I can stay till September 2020.
    OR
    Am I only eligible to stay till only May 2018, as you have seen above in point 4 and 5 I have completed 4 years (considering that 4 year time period was spent on two different L1Bs).
    Last edited by nb2211; 05-18-2017, 03:31 PM.

  • #2
    Originally posted by nb2211 View Post
    Hi Experts, I have a question on my stay in United States.
    1. I came here in States on my first L1B (let’s call it A) from March to June 2008 (3 months – On First L1B). Then on the same (A) visa I came back in March to June 2010 (3 months – On First L1B).
    2. After that I came back in August 2010 with a fresh L1B (let’s call it B) and stayed till October 2011 (1 year 2 months on Second L1B).
    3. Then I went back to India (and stayed in India for 1 year 5 months – this stay in India should have reset my previous months on A) and
    4. Then I came back on the same L1B (B) visa in April 2013 and stayed till 16 Sep 2015 (2 year 5 months). But my second L1b (B) expired in July 2013 itself, but I had valid I-94 using which I stayed till 16 Sep 2015.
    5. After that I got my fresh third L1B stamped (let’s call it C) and came back to USA in October 2015 and am presently here so now on L1B (C) I have stayed 1 year 7 months.
    Looking at the period of stay in point 4 (for 2 years 5 months on SECOND L1B Visa) and point 5 (for 1 Year and 7 months) on THIRD L1B visa I completed overall 4 years. My third L1B expires in September 2018.
    Can you tell me if the 5 year stay on L1B rule means that on third L1B visa for me starting from September 2015, I can stay till September 2020.
    OR
    Am I only eligible to stay till only May 2018, as you have seen above in point 4 and 5 I have completed 4 years (considering that 4 year time period was spent on two different L1Bs).

    Here is my Opinion , Maxout of stay will reset if you are outside US of 365 Days, So your stay during 2008 till 2011 wont be counted now . Then you came on april 2013 and after that only one month you were outside US( 16th sept till oct 2015). L-1B you have maxout of 5 year, then april 2013 plus 5 it will be 2018 and considering one month of 16 september till october 2015 outside US. so can technical be till May 2018 Only. This is not legal advice .

    Comment


    • #3
      Originally posted by Askjenny View Post
      Here is my Opinion , Maxout of stay will reset if you are outside US of 365 Days, So your stay during 2008 till 2011 wont be counted now . Then you came on april 2013 and after that only one month you were outside US( 16th sept till oct 2015). L-1B you have maxout of 5 year, then april 2013 plus 5 it will be 2018 and considering one month of 16 september till october 2015 outside US. so can technical be till May 2018 Only. This is not legal advice .
      Thank you Jenny. One more point is that the 4 years stay till now was on 2 different Visas. So considering the new L1B Visa stamped (on new petition) from Sep 2015 and my stay on it from Oct 2015 till now which is 1 Year 7 months, shouldn't i have 3 years 5 months more? Or the different visa/petition does not count?

      Comment

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