l1a expired 1 year cool off period

[STDOE]

Hello

My L1A expired Aug'17

Since then i have been working in a non-US branch of the same company and they will reapply for L1A again after the 1 year period on Aug'18

I had to make a 5 day trip to the US during this "1 year cool off period". i entered on a valid H4

when i was making the trip they said that it would not impact my 1one year cool off clock, just add 5 days to it.

now one of the company lawyers says it would totally reset the clock and i have to go one year more.

Anyone has any experience on this , i am having a heart attack here.

Thanks!

[JoeF]

2 hours ago, STDOE said:

Hello

My L1A expired Aug'17

Since then i have been working in a non-US branch of the same company and they will reapply for L1A again after the 1 year period on Aug'18

I had to make a 5 day trip to the US during this "1 year cool off period". i entered on a valid H4

when i was making the trip they said that it would not impact my 1one year cool off clock, just add 5 days to it.

now one of the company lawyers says it would totally reset the clock and i have to go one year more.

Anyone has any experience on this , i am having a heart attack here.

Thanks!

Having entered on H4 is probably the problem here. If you had entered with a visitor visa, just adding 5 days would have worked (see the quote from 8 CFR 214.2(l)(1)(ii) below.) You need to discuss your situation with a good immigration lawyer.

https://www.ecfr.gov/cgi-bin/text-idx?SID=b706fc450a6e806df9fe8998b8393528&mc=true&node=pt8.1.214&rgn=div5#se8.1.214_12

"(ii) Definitions—(A) Intracompany transferee means an alien who, within three years preceding the time of his or her application for admission into the United States, has been employed abroad continuously for one year by a firm or corporation or other legal entity or parent, branch, affiliate, or subsidiary thereof, and who seeks to enter the United States temporarily in order to render his or her services to a branch of the same employer or a parent, affiliate, or subsidiary thereof in a capacity that is managerial, executive, or involves specialized knowledge. Periods spent in the United States in lawful status for a branch of the same employer or a parent, affiliate, or subsidiary thereof and brief trips to the United States for business or pleasure shall not be interruptive of the one year of continuous employment abroad but such periods shall not be counted toward fulfillment of that requirement. "