L1 visa - 5 years limit qstn

[sureshvb]

Hi
I have a question regarding 5 years stay limit of L1B visa. With my first L1B visa, I stayed in US for 3 years. Then I went back to India, worked for 5 months in same company. I got NEW L1B visa now again for 3 years. The I94 also given for 3 years when I came to US. Can I stay in U.S again for another 3 years or I-94 takes precedence.

Which one takes precedence?
- I94
- Rule that says a person cannot stay in US for more than 5 years with L1B visa

Thanks in advance,
Suresh

[raghvi]

A person should not stay on L1B beyond 5 Years even if they have a valid I-94. This is my opinion not legal advice.

[shervin143]

The responsibility of following the L1 regulation is completely on the individual. If you take advantage of USCIS/CBP error of issuing a petition/I-94 for more than 5 years, then you can very well be questioned later and it can cause issues.

[rkrind76]

Same happened with me. I am on L1 A and went to India on vacation and got 3 years I-94 however my L1A visa and 7 years period ends next year. In these years maximum i stayed in India was 10 months. What takes priority (L1A Visa OR I-94)


Thanks
Raj

[shervin143]

If your I-94 is valid, then you can continue to stay until you have spend 7 years in U.S in H1B + L1A combined. After completing 7 years, you should leave even if you have a valid I-94/Visa & petition.

Same happened with me. I am on L1 A and went to India on vacation and got 3 years I-94 however my L1A visa and 7 years period ends next year. In these years maximum i stayed in India was 10 months. What takes priority (L1A Visa OR I-94)


Thanks
Raj