L1B- Precedence I-94 vs 5year limit ?


nathan06

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precedence I-94 vs 5year limit

I have entered US in 2007 and stayed for 2.8 years(L1B blanket)

I was in India for 8 months and re-entered US in a fresh L1 petition

in 2010.My I-94 is valid until June 2013. If you count the days spent

in US since my first entry, June 2013 amounts to 5 years and 4 months

of stay.

Can I stay until i-94 is valid ?

or

should I exit the US 4 months prior to I-94 expiry so that I comply

with the 5 year stay limit for L1b (if the limit exists) ?

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Ordinarilly, a foreign national may remain in the U.S. for a maximum of 5 years in L1B status. After that, the person must generally leave the U.S. to work for the foreign employer for 1 year in a specialized knowledge or managerial capacity in order to be eligible to return to the U.S. in L-1 status. The expiration date of an I-94 does not superscede this regulation.

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