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L1 -Do I have to be out of the US for 12 months?

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  • L1 -Do I have to be out of the US for 12 months?

    I worked in the US for 5 years with an L1 visa.
    After the 5 years period, I returned to my home country.

    I have been informed that I have to stay out of the US for 12 months
    before I can be transfered back and have a new L1 that can be renewed for another 5 years.

    My question is: Do I have really have to stay out of the US for 12 months?
    If I enter the country with a B1/B2 visa with my visit be counted against the 12 months period?
    Do I have to be completely away for 12 months?

    I letf the US on August 25th 2011. If I go there on May 1st 2012, will I have to wait until May 1st 2013 to apply for a new L1?

    Thank you,
    Mercia

  • #2
    A Visit on B1/B2 will not reset the clock but the time spent in the US will not count towards satisfying the 1 year requirement.
    This is my opinion and not legal advice.

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    • #3
      What about time spent on H4?
      I worked on L1b for 2.5 yrs,. Then moved to H4 visa and stayed for 6 months. Thereafter I stayed in India for 5 months. If I apply for L1b, how much would I have time left?

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      • #4
        2.5 years
        This is my opinion and not legal advice.

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