Multiple L1 Visa Entry - Maxout Date Calculation

[sp_ayyappn]

Hello All -
I have been to US back and forth multiple times ...

1. In Feb 2011 came to US through L1A Blanket (Petition 1) from India and went back to India Mar 2014

2. In May 2014 came to US through L1A Blanket (Petition 2) from India and went back to India Mar 2015
Then i was in India for 365+ days (Cool off period)

3. In May 2016 I cam to US with unexpired old L1A Blanket (Petition 2) and went back to India Sep 2016
Then i was in India for 9+ months

4. In Jun 2017 came to US through L1A Blanket (Petition 3) from India continued to stay till now
5. In Jun 2020 I applied visa extension on the same Petition 3 while in US , got approved after RFE

When I am trying to apply my 2nd extension, my Employer is saying USCIS erroneously gave the extension in Jun 2020, my Max out date is over and go back to in 2 weeks. they are not willing to file extension for the left out 2 yrs of total 7 yrs.

My question:
1. Is the cool off date is tied to a specific petition ? my cool of date between Mar 2015 and May 2016 will not count?
Can you please help

Thanks,

[Libra_14]

1. Is the cool off date is tied to a specific petition ? my cool of date between Mar 2015 and May 2016 will not count?

The petition 2 & petition 3 were extensions to earlier petition or fresh ones? If they were extensions, then your 7 years tenure includes your overall stay in USA.

To get the benefit of cool off period, you should have filed a new fresh L1 petition.