Maximum stay on L1A petition

[sam1975]

Hi,
I entered USA on Sep 2004 on a L1B petition which was valid till 2006. In 2006 I applied for an extension and the L1B petition was extended till 2008. In Nov 2008 I applied for an extension and conversion of L1B to L1A. We received an RFE for this extension so my company planned to withdraw the extension and then apply for a fresh L1A petition from India.
I returned to India in Nov 2008 and then re-entered USA in Jan 2009 with a new L1A petition. This petiton was valid till Nov 2010.
In Nov 2010 I again applied for an extension of the L1A petition and have received an extension till Nov 2012

My question is as follows:
If I consider the total duration of stay in USA from 2004 and exclude the period I stayed in India for vaccation or for applying the fresh petition then I would be completing 7 years in Dec 2011. However, my extended L1A petition is valid until Nov 2012. Can I stay in the US till the validity of my petition or do I need to calculate the date when my 7 years of stay in US would be completed and return back to India even if my petition is valid for a longer period.

[shervin143]

The maximum stay on L1A is only 7 years. It is your responsibility not to overstay beyond the 7 year limit on L1A. There are plenty of cases where USCIS has approved petitions beyond the max limit. Beyond 7 years, you will need to stay outside U.S for 1 years to get a fresh 7 year period on L1A.

[sam1975]

period of stay on L1A

Hi,
Thanks for your reply.
There was a fresh L1A application in Nov 2008 from India. Does that not start the 7 year duration again?

Is there a rule that I should follow to calculate the duration of my stay in the US or can I just look at the dates stamped in my passport?


Thanks agaian for your prompt reply.

[shervin143]

For that L1A to be a fresh one (Fresh 7 year period), you should have stayed out of U.S for one whole year.

Hi,
Thanks for your reply.
There was a fresh L1A application in Nov 2008 from India. Does that not start the 7 year duration again?

Is there a rule that I should follow to calculate the duration of my stay in the US or can I just look at the dates stamped in my passport?


Thanks agaian for your prompt reply.

[sam1975]

calulate period of stay

thanks again for you reply!
Could you also answer my question(from the previous post) on how to calculate the duration of stay?

thanks!

[shervin143]

It is the time that you have spent in U.S in L1B / L1A / H1B (Check your passport for the entry/exit stamps).

L1B = 5 years
H1B = 6 years
L1A = 7 years

L1 + H1B = 6 years
L1B + L1A = 7 years

It is hard to recapture the time that you have spent outside U.S on L1 compared to H1B. However, it is not impossible if handled by a smart attorney.

thanks again for you reply!
Could you also answer my question(from the previous post) on how to calculate the duration of stay?

thanks!

[surendar_s]

Can i stay after my max out period if i have valid visa & I94 without working. if yes, for how long?

[shervin143]

No. If you want to stay beyond the 7th year then you need to file a COS to any other dependent status (like H4 or L2 provided your spouse in in valid H1B or L1 status) or you will have to file a COS to B2. The COS should be filed before your L1A 7th year period ends.

Can i stay after my max out period if i have valid visa & I94 without working. if yes, for how long?