L1B Individual Expiring in a month.. Quick help appreciated

[jambalahat]

Hi,

I am currently working in US as a consultant for a leading consulting firm on L1B Individual Visa. My Five years visa validity is going to be expired in a month. In between my 5 years tenure, i was in Indian parole for about 9 months (3 Months at 2008 and another 6 months in 2010).

My questions are -

1 - Though my 5 years are gong to be expired in a month, since i was in India parole for 9 months ,can i apply for an extension for the period that i was in India?

2 - If not, Am i eligible for L1B to L1A extension.

3 - I heard that L1B individual to L1A Individual extension is a tough process..What would be the success rate in this case?

Your quick response is appreciated.

Mr.Thanks.

[Attorney_23]

Ordinarily, time spent outside the United States will not count against a foreign national's 5-year-limit in L-1B status status. The employer can generally file a petition to "recapture" those days and extend the foreign national's stay.

The employer may also file a petition to extend the foreign national's stay to 7 years if the employee becomes a manager or executive at least 6 months prior to reaching the 5-year-limit and USCIS approves the change of status to L-1A.

I would recommend you contact an experienced attorney who can review your records and advise you on how best to proceed.

[jambalahat]

Thanks for your reply.

I have explained above that i have a 9 months period of stay out side the US at my L1B tenure. I have another question here -

- In this case Is it possible to apply for the L1B-L1A extension without applying for recapture of the 9 months?

- Assume that i got L1B to L1A extension in another month, after 2 years, can i recapture the 9 months that is left out at L1B?

This information would help me in contacting my employer. accordingly.

[Attorney_23]

You can generally recapture the time spent outside the U.S. at any time, even if you have changed status from L-1B to L-1A.