365 day rule ?


L2EADGC

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Hi,

I was in USA for 7 Years on L1A and came back to India 8 months back. My 365 days out of USA is coming to end on 5th May 2013, My employer a MNC is planning on filing my new L1A soon.

My question's

1) Can my employer file for my L1A petition now and hope it gets approved and can I go for stamping before May 5th and travel after May 5th ?

2) Do I need to wait until May 5th to file my new L1A petition ?

Attorneys/Seniors please advice.

Thanks !!

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