L1 blanket - work 1 year out of US in last 3 years rule

[sudz]

Hi TxH1b and Others,

I am in working in US from June 07 on L1 blanket from CompA. I have a valid I94 till 2011 and my visa expired on Oct 08.
1. If I go back to India for a vacation and apply a new L1 Blantet, will that come under 1 year in last 3 years rule?

2. If yes, will I have to work in India for a year and then only apply L1 Blanket?

Thanks

[sudz]

Hi ,
Can some one please reply to this?

[sudz]

Hi TxH1b and others,
Can you please advice me on this

[txh1b]

I don't understand your question. You can extend the L1 for 5 years. What is the 1 year in 3 year rule?

[sudz]

Txh1b,
First of all , Thanks for your reply..

My company Immigration team told me that we can extend L1 visa only when I94 has less then 6 months validity. My situation is my visa is expired on Oct 08 but I94 is valid till Dec 2011(POE officer was generous)

I am planning to go to vacation during end of this year and my company Immigration team said I will have to apply for a new L1 Blanket from India and go for stamping.

But in couple of websites it was mentioned that L1 visa can be applied only when "employee have worked in that company out of US for at-least 1 year in the last 3 years"

[sudz]

Hi Txh1b

Can you please take a look into my question?

[txh1b]

I am not sure if the use of a mistaken I-94 from POE is possible. You need to talk to a lawyer as to me, it does sound like you worked on a I-94 that was valid without an underlying petition which is not right.