Total stay on visa

[vickysingh]

Hi,

Here is my situation:

I came to US in 2006 on L1B visa. And thn went back to India in 2009 as my visa got expired. I stayed in India for 5 months and I again got new L1B stamped for 3 years which would expire in 2012. Now I have following queries:

1. Keeping my above situation in mind,once my second L1B expires in 2012,can I apply for extension of my second L1B for 2 years?

2. Also by the time my second L1B gets expired next year my total stay in US would be more than 5 years, with 5 months in India during that time(time between my first L1B expired and i got new fresh L1B stamped).

3. Once my second L1B expires can I move to H4 or L2 depending on my spouse Visa? keeping in mind i have already spent 5 years in US on my L1B.???

Thanks,

[kabkaba]

Hi,

Here is my situation:

I came to US in 2006 on L1B visa. And thn went back to India in 2009 as my visa got expired. I stayed in India for 5 months and I again got new L1B stamped for 3 years which would expire in 2012. Now I have following queries:

1. Keeping my above situation in mind,once my second L1B expires in 2012,can I apply for extension of my second L1B for 2 years?

Depends on petition type (blanket or individual) and exact duration of time you spent in the US in L1 status.

2. Also by the time my second L1B gets expired next year my total stay in US would be more than 5 years, with 5 months in India during that time(time between my first L1B expired and i got new fresh L1B stamped).

3. Once my second L1B expires can I move to H4 or L2 depending on my spouse Visa? keeping in mind i have already spent 5 years in US on my L1B.???

Yes, H4 or L2 does not count toward the limit. However, you will need to spend 1 year outside the US to qualify for fresh 5 years.

Thanks,

See above.

[vickysingh]

Hi Kabaka,

Thanks for your quick response it really clarifies few things. I still have doubt so let me reput my few points:

1. I stayed 2.5years on my first L1B(blanket) visa in US,then went back to india .stayed in India for 5 months and then again got a fresh L1b (blanket ) stamped for another 3 years and came back to US. Now I am going to stay full 3 years on my current visa. So by the time my visa gets over my total stay in US would be 5.5 years. So from 2006 to 2012 I would have spent 5.5 years in US and 5 months in India. Now my question is can I file extension for my L1B(blanket) for another 1-2 years once my L1b gets expired.

2. My wife is also on L1b(blanket), so instead of filling my extension of L1B,can I move to L2 in US itself. Is it possible or would it also get counted in 5 years limit.

Sorry to repost same questions,but i thought it better way to explain my queries...

[kabkaba]

I assume your current I-94 also matches the Visa.
In that case due to oversight they have already given you more than 5 years. Any further extensions will not be possible.
Your employer can file for H1 to get you some more time or you can change to L2 (if your spouse is still in L1 status at that time). There is no limit on how long you can stay in L2 status.

[vickysingh]

Thanks Kabaka for your response. Yes, My I94 matches my Visa. Now I am sure that I cannot apply for L1B extension again as I have already exhausted my 5 year limit.

So as per information provided by you I can still transfer to L2, and it would not be counted under 5 year limit?as my wife's L1B is still valid for next 2 years. Does that mean if I now apply for L2 from US itself I would get L2 for around 2 years?

Or am I supposed to go back to india wait for 1 year and then apply for L2?

Also am I right to assume that I do not need to go back to India to transfer my status to L2, I can do it from US itself?

Any rough idea how long generally the L2 approval takes after applying for it? What form I need to fill? Also can I apply for both L2 and EAD together at the same time?

Can I start the process and apply for L2 and EAD before my L1B gets expired or do I need to wait for it to expire?

Thanks a lot for your help..

[shervin143]

So as per information provided by you I can still transfer to L2, and it would not be counted under 5 year limit?as my wife's L1B is still valid for next 2 years. Does that mean if I now apply for L2 from US itself I would get L2 for around 2 years?
>>> You can file a COS from L1 to L2 based on your wife's L1 petition. The L2 will be issued only till L1 (wife's) validity.

Or am I supposed to go back to india wait for 1 year and then apply for L2?
>>> Not required. You need to do that only to get another L1 or H1B.

Also am I right to assume that I do not need to go back to India to transfer my status to L2, I can do it from US itself?
>>> Again the same question. Read the above answers.

Any rough idea how long generally the L2 approval takes after applying for it?
>>> 2-3 months.

What form I need to fill?
>>> For I-539. You can download the form and the instructions from uscis.gov website.

Also can I apply for both L2 and EAD together at the same time?
>>> Yes.

Can I start the process and apply for L2 and EAD before my L1B gets expired or do I need to wait for it to expire?
>>> Your application for the COS from L1 To L2 should reach uscis before your L1 status expires. It is advisable to file it at least 45 days in advance. Once the L1 expires a COS is not possible. In such case, you need to leave U.S, get the L2 stamped and return back.

[kabkaba]

You can apply for change of status to L2 and EAD in the same envelope at any time as long as your spouse holds a valid L1 status (I-94).
But remember if L2 is approved and EAD is not approved with it (there is a gap between two approvals), you will not be able to work in that gap. Also, if L2 and EAD is pending and L1 I-94 expires, you will have to stop working until you receive EAD. So basically you need either EAD or your latest valid I-94 should be L1 in order for you to work.