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L1B 5 years maxout

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  • L1B 5 years maxout

    Hello Friends and Experts,
    My L1B maxout (5 years) is on 2Nov2012. My employer will be applying for L1B - L1A COS or amendment in Oct2012.
    1> Is it true we have to apply L1B - L1A COS or amendment at least 6 month before the current I 94 expires (2Nov2012)?
    2> Once L1B - L1A COS or amendment is applied, though the maxout time (5 years) is complete, can I stay in US until I hear from USCIS on the L1B - L1A COS or amendment status (approved / rejected).

    Thanks in advance.

  • #2
    1> Is it true we have to apply L1B - L1A COS or amendment at least 6 month before the current I 94 expires (2Nov2012)?
    >>> Not exactly, but your COS need to be approved before Nov 2. You cannot stay beyond Nov 2nd if the COS is pending. If you stay beyond Nov 2nd (5 year max out) and if L1A gets rejected, then you would have overstayed and it is against the L1 (Individual & Blanket) regulations and it can cause issues later. It is advisable to file the petition as early as possible.

    2> Once L1B - L1A COS or amendment is applied, though the maxout time (5 years) is complete, can I stay in US until I hear from USCIS on the L1B - L1A COS or amendment status (approved / rejected).
    >>> It is not advisable to do so. Read the above answer. If L1A is rejected, then you will be in trouble. File the COS as early as possible.
    Not a legal advice. Use of this information is strictly at your own risk.

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