Condition for L1B Extension

[muthamizh_selvan]

Hello Members,

I have a question with regards to my L1B renewal. I had an H1B which was stamped in 2003 and traveled to the US from Sep'2003 to April'2004. Then I went back to India and came to the US on short trips for 3 months to 6 months on the same H1B between 2005 and 2006(July). In Nov'2007, my company did a H1B reminder filing and I came to the US and was here till Sep'2009. In Oct'2009, my company processed my L1B and I'm now here till Sep'2012. At this point, my company is trying to renew my L1B. I had been informed by my firm that I have exhausted my visa cap and I cannot be in the US after my current L1B visa expires. What are the possibilities that my visa could be renewed? Are there any other options for me to approach for getting a new L1B or L1A or continuing to stay in the US?

Your help in this regards is much appreciated.


Thanks in advance
Rgds
Muthamzih

[shervin143]

L1 + H1B together is for 6 years. It looks like you have been in U.S for a period more than 6 years. In such case, there are no other options other than to leave the country and stay out for 1 whole year before yuo can get a fresh H1B with 6 years.

[muthamizh_selvan]

Thanks Shervin143.

[muthamizh_selvan]

L1-H1 Cap Exempt

Hello Members,

I'm in the US on L1 since 2009 and the visa is expiring on September,2012. My employer/company is processing my H1 under the cap exemption. I have spent 1016 days on H1B( H1B was issued in 2003 and a reminder filing was done in 2007) I had been in and out of the US in H1B and my employer applied for L1 in 2009 and I would have spent 1086 days completing on 09/2012. Will there be complication that may arise on arrival after stamping at India in the immigration process at the US airport stating that I should spend 18 months outside the country before re-entry ? The reason I'm asking this question because in 2009, when I entered the US in L1 after my H1 (reminder filing) expired, the immigration office said that he cannot allow me to enter the country as I did not spend 18 months outside the US. Later I was asked to meet the immigration officer's superintendent and after verification of my document, they allowed me to enter the US.

Thanks in advance
Muthu

[shervin143]

Have you already spent 6 years in U.S H1B + L2 combined. If yes, have you spent 1 year outsode U.S after that?

[muthamizh_selvan]

Hello Shervin,

Thanks for your reply. I have spent 1016 days in H1B(with breaks) and will be completing 1086 days in L1 on September, 2012 which will be 5.75 yrs. I had been coming to the US since 2003 in H1B{I had exhausted my H1B in 2009 (2003 to 2006 and 2007 to 2009 -reminder filing)}. During this entire period, I had spent 3.24 yrs in India. My last trip to India was in 2009 for L1 stamping.

Thanks
Muthu

[shervin143]

Calculate only the time spend in U.S in H1B + L1 combined for the 6 year CAP limitation. Ignore any time spend outside U.S. You can recapture the time spend outside. If you have completed or close to complete 6 years, then an extension of status on L1B or a COS to H1B is not possible unless you spend 1 year outside U.S. L1A is for 7 years. If you qualify for L1A and if you file a COS to L1A, you will get one more year.

Hello Shervin,

Thanks for your reply. I have spent 1016 days in H1B(with breaks) and will be completing 1086 days in L1 on September, 2012 which will be 5.75 yrs. I had been coming to the US since 2003 in H1B{I had exhausted my H1B in 2009 (2003 to 2006 and 2007 to 2009 -reminder filing)}. During this entire period, I had spent 3.24 yrs in India. My last trip to India was in 2009 for L1 stamping.

Thanks
Muthu