L1 Reapply Cooling Period

[klnprasad]

I stayed about 5yrs on L1B and left US on April 20, 2012, though my L1B was valid until July 31, 2012. my L1A was rejected in May 2012. In order to get full benefit of 7yrs on new L1A, I understand I should wait for 1yrs (cooling period) before I can apply for L1A. What is the cooling period effective date in this case

a) April 20,2012 (last exit date on L1B)

b) May 2012, (Rejection date of L1A)

c) July 31, 2012 (Previous validity date of L1B)

Currently I hold H4.

Thanks in advance.

[Attorney_11]

To restart a period of L or H nonimmigrant time (7, 6 or 5 years depending on classification) an individual must be out of the US for one year before applying for the classification.

[t75]

H4 in the US does not count to 1 year time.

[klnprasad]

Thanks for the response, so my count starts from the last exit date on previous L1 which is April 2012 in my case, and I will be qualified to apply in April 2013. I appreciate your response

[t75]

You may NOT be in the US on H4 during 1 year time period. You may hold an H4 visa and be outside the US. Any time in the US on any visa will extend the reapplication date.

[klnprasad]

Thanks for the response sir,

I have been visiting US on H4 on every 2-3 month during last year, Even I am schedule to visit next week as well. Does that mean, My reapplication date is being getting extended? If so, I am in a very very disappointed.

[t75]

Yes, total time outside the US must be 1 year.

[Attorney_25]

There is an exception for brief visits for business or pleasure. They will be subtracted from the year outside, so if a person spends 6 weeks inside the US during his year outside, he will need to spend 1 year and 6 weeks from when he departed the US in H-1/L-1 status. It is not clear if time in H-4 would be counted as "brief visits" or would actually start the 1 year clock over from last H-4 departure.

[Manikmonday]

Hello

I have a similar question. I stayed on L1B for almost 5 years from may 2010 to June 2015. I exited US in early July 2015. My company then applied for a B1 visa for me for which I have traveled and stayed in the US for 90 days cumulative. The last exit on B1 from US was in March 2016.

Now my company is planning for an L1A blanket visa. My questions are:

1. Is cooling period required as a continuous chunk of 365 days or needs to be cumulative 365 days outside of US?

2. If cooling period is cumulative 365 days- will my 365 days be calculated from last exit on same type of visa (L1) and will the 90 days cumulative stay on B1 add to this calculation? Making eligible fresh L1 from Oct 2016? (365 days since July 2015 +90 days of B1).

Moreover the new L1a being a blanket petition, is it the visa interview date that should be the parameter which should be over 365 days of stay outside US?

3. My L1a blanket petition is company approved (till June 2019) and I should complete the internal company formalities within 7 days. As PA dates at Chennai US consulate have a current waiting time of 80 days, should I plan to have the interview date pushed to Oct 2016 so as to be eligible for a potential 7 year on L1A?

4. If I don't fulfill the 365 day outside US cooling criterion, can I still get a 2 year validity on L1A as I have exhausted the 5 year on L1B and L1B + H1 + L1A is maximum of 7 years?

Thanks

[rohang]

1)  continuous

4) you can get 2 year of L1A.

 

If you want to get full 7 yr of benefit, your company should apply for individual L1A after April 2017.