L1B to L1A, does L1B term count in L1A


arch_arpi

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Hi All,

I was on L1B from July' 06 to July' 09. Went back to India for one month in July' 09, got my L1A and came back to USA. My L1A validity is for the period August' 09 to August' 12.

In August' 12, will my USA stay be considered as 3yrs OR 6yrs? Will the L1B stay term be counted in calculating the L1A term?

If only L1A term is considered, (3 yrs only) then I can stay 4 yrs more on L1A.

Please let me know so I can plan ahead.

Thanks,

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  • 4 weeks later...

Hi,

Could you please advise on my position.

I stayed in US for almost 3 years on L1B Individual and returned to India and came to US after 6months on fresh L1B blanket.

It's been a year now, and i have new L1b blanket visa until 2013 nov.

1. Can I stay until 2013 on L1 visa ? or Should I leave after 2012, since the time limit for L1B is 5 years?

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One is only allowed a total of five years of time in L1B, even if part of it was based on a blanket and another part of an individual petition. Again, one must spend a year outside the US in order to be eligible to restart this clock.

Please consult directly with a qualified immigration attorney to discuss your case in detail.

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  • 2 months later...

@Attorney:

Thank you for your reply, I understand the fact, but curious to know that, the L1 B Blanket a new visa(fresh visa) and no extensions or made earlier, so would it be not counted as a restart of the clock ?

Also, could you please advise, if I leave to India(after 5 yrs) and can I come on H1B immediately, with the assumption of having H1 stamped and can apply for GC in the same year?

Please reply so that I can plan my future accordingly

Thanks again for your extended support.

Regards,

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  • 2 weeks later...

Hi skn239,

A fresh visa can not reset the clock until you stay 1 year outside US. Since you said you stayed in India for 6 months (which is less than an year), your clock is not reset. Also, I think US consulate does not issue your second visa for more than 2 years (because you already completed 3 years on your first L1 visa).

As far as I know, the total stay on L1+H1 can be a maximum of 6 years, if you are not outside US for an year in between. So, you will not be able to work on H1 more than an year (since you complete 5 years in L1).

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