Will my L1B visa still be valid if I rejoin my old company

[priyaniv]

Hi,

I need some urgent advise on how to proceed with my current situation.

I worked for Company A in India from Mach 2005 to Oct 2007. During this time I had an L1 B visa (individual petition) approved. The validity of this Visa was from Jan 2007 to Jan 2010 (3 years). I moved to USA on this L1B visa in Oct 2007. In Jan 2010 I got the L1B visa renewed for another 2 years until Jan 2012. But I moved back from USA to India in July 2010, so effectively I have lived in USA on my L1B visa only for 2.75 years (from Oct 2007 to July 2010). I worked for the Indian company for 2.5 months from July 2010 to Oct 2010 and quit company A. Then in Mar 2011 I moved to UK and am currently working for company B. Now Company A wants me to rejoin them and wants me to travel to USA on the same L1B visa as it was extended till Jan 2012 (5 more months left on this extended L1B visa). They mentioned that they will apply for another L1B extension in Jan 2012 and have me stay there for a longer period. Please let me know if this is possible? I have few questions:

1. Is my extended L1B visa still valid if I rejoin company A?
2. Since the visa has already been extended once (total 5 years), will it be possible to extend the visa again for 2 more years or will I have to apply for a new L1B visa?
3. If it has to be a new L1B visa will I qualify as I have not worked in the Indian company for a year now? Also if a new L1B is possible can I apply for this from USA or will I have to go back to India for this?

Sorry, too many questions, but I need to make a decision next week on this if I want to rejoin my old company.

Thanks
Priya

[kabkaba]

Is the Visa in your passport valid till 2012? If so you can use that Visa and a valid petition approval notice to enter the US and work for this company. Only the time you spend in the US in L1 status will count against the 5 year limit.

[priyaniv]

Thank you for the reply. Would you also please let me know if I can apply for an extension or new L1 from USA when my current L1 expires in Jan 2012?

Thanks again, it really helps when we get correct information from people like you.

Priya

[kabkaba]

Your employer can file a petition to extend your status as your I-94 expiry comes close.