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L1 B max period

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  • L1 B max period

    I have a question regarding L1 B maximum duration in US. Here is my case

    L1 B - Stamped Date
    1 Jan 2008 to 31 Dec 2010.

    In this duration I have spent total 18 months in US(16 months outside US when I still had valid visa)

    Time spent in US
    1) Jun 2008 to Oct 2009
    2) Sep 2010 to Oct 2010

    I have to apply for L1 B again now.

    My question
    1) I read L1 max is 5 years and one has to spend 1 year outside US for fresh L1.
    Will they consider mine as fresh L1 since I have spent 16 months (with valid visa) + 5 months (without visa) which is more than one year.
    or they will give for only 2 years since visa for 3 years was already issued before.

    I hope I have not confused with my question. If needed I can clarify it once again.

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