L1 max out query ?

[Poison apple]

Hi ,
I have query on my L1 max out any help in resolving will be highly appreciated - given below is my L1 status and duration of stay -

Visa category Visa stay
L-1 Individual Nov 07 - Jan 08 ( 2 months)
L-1 Individual. March 10 - Aug 10 (6 months)- L1 individual expired and company asked to file Fresh L-1 B
L-1 B. Sept 10 - Aug 13 ( L1 B expired , currently I am on I -94 till Aug 2015)

Based on above what will be my max out date will it be March 2015 (if I include 6 months on L 1 individual ) or based on I-94 Aug 2015 ?

Many thanks

[raghvi]

Hi ,
I have query on my L1 max out any help in resolving will be highly appreciated - given below is my L1 status and duration of stay -

Visa category Visa stay
L-1 Individual Nov 07 - Jan 08 ( 2 months)
L-1 Individual. March 10 - Aug 10 (6 months)- L1 individual expired and company asked to file Fresh L-1 B
L-1 B. Sept 10 - Aug 13 ( L1 B expired , currently I am on I -94 till Aug 2015)

Based on above what will be my max out date will it be March 2015 (if I include 6 months on L 1 individual ) or based on I-94 Aug 2015 ?

Many thanks

I believe neither. The law says fresh petition as well as 1 Year gap to reset the clock. It seems you didn't follow both appropriately.

If there was not a 1 Year gap between previous L1 and current one then the previous stay also gets counted. So if you didnt travel on a fresh petition in March 2010, then the Nov-07-Jan-08 term also gets added to the 5 Year limitation. Similarly, it seems though there was a fresh L1B applied in Sep 2010, but it wasnt applied after 1 Year stay abroad hence the March 10- Aug 1- term also gets added. All in all, it seems you have spent 2 Months + 6 Months + Sept 2010 - Till Date (nearly 44 Months) = 52 Months in L1 status. So that possibly gives you another 8 Months from May 2014 onward which means Dec 2014.

I would suggest you take the details to your attorney and confirm.

This is my opinion not legal advice.

[Poison apple]

I believe neither. The law says fresh petition as well as 1 Year gap to reset the clock. It seems you didn't follow both appropriately.

If there was not a 1 Year gap between previous L1 and current one then the previous stay also gets counted. So if you didnt travel on a fresh petition in March 2010, then the Nov-07-Jan-08 term also gets added to the 5 Year limitation. Similarly, it seems though there was a fresh L1B applied in Sep 2010, but it wasnt applied after 1 Year stay abroad hence the March 10- Aug 1- term also gets added. All in all, it seems you have spent 2 Months + 6 Months + Sept 2010 - Till Date (nearly 44 Months) = 52 Months in L1 status. So that possibly gives you another 8 Months from May 2014 onward which means Dec 2014.

I would suggest you take the details to your attorney and confirm.

This is my opinion not legal advice.

Many thanks for quick reply , the only thing which is not clear to me is whether 2 months nov 07 - jan 08 will also be added in 60 months max out ? As I went back to home country and was there for more than a year .. And that's why I was expecting maxout to March -15 .

[raghvi]

Many thanks for quick reply , the only thing which is not clear to me is whether 2 months nov 07 - jan 08 will also be added in 60 months max out ? As I went back to home country and was there for more than a year .. And that's why I was expecting maxout to March -15 .

As I explained, I believe the 2 Months in 2007-08 will still get counted.

This is my opinion not legal advice.

[RSth]

L1 max out query ?

Hi,
I have query on L1-A max out and resetting the clock.

My L1A Visa expiry is in Nov 2015. However, I am going to India in Sept-2014.

1. In order to reset my clock, should I apply for New L1-A petition only after Oct 2015 ?
2. Can I apply for H1-B Visa in April 2015 and go for stamping after Oct 2015 and get my clock reset ?

Thanks in anticipation.

[raghvi]

1. Yes.
2. No. You have to apply after completing 1 year that is in Sep 2015. The problem would be that H1 cap would most probably be filled by Sep 2015.

This is my opinion not legal advice.