Help regarding the Maxout date and Maxout reset... Please

[bchakra]

Hi,

I stayed in US from Aug 2004 thru Nov 2008 (Around 4 years if I consider the vacations in the middle) thru 2 of my previous employers. on L1B first and converted to H1B later.

After that I joined another company in India and came back to US in July 2011 on L1B. I stayed in India for more than 2 1/2 years. I thought as I stayed in India for more than 1 year my maxout clock will be reset and I can stay for another 5 years on L1B. But my current company is saying my maxout time is in Oct 2013 - 12 months from now (they included my past US stay from Aug 2004 thru Nov 2008).

And they specified they can't process my GC as time is not enough. They also specified I have to leave back to India after the Maxout. Where as I thought I can stay here until 2017 (considering 5 years on L1B from July 2011).

Please advice. I am stuck up and am I totally misunderstood the Maxout reset theory?

Thanks in Advance

Kalyan

[Attorney_23]

In general, if a foreign national in L1 status leaves the U.S. for 1 year, he/she is permitted to return to the U.S. in L1 status for a full 5 years (or 7 years for L1A.) This, of course, is assuming the person is otherwise eligible for L1 status. If you or your employer requires any clarification on your situation, I suggest you consult with an experienced attorney.