L1 B Reached 5 years limit

[idk1983]

Hi,

I came to US at 2007 and stayed in US for 2.5 years and went back to India and stayed in India for 9 months. Then came back to US and stayed for another 2.5 years. Now i reached my max limit of 5 years in L1B in US without a break of one year.

1. Can i stay in India 3 months to make it 365 days break and eligible to return to US?

2. Should i stay continuously for an year (365 days) and then i will eligible to return to US?

Please help me with my questions.

[JoeF]

1. Can i stay in India 3 months to make it 365 days break and eligible to return to US?

No.

2. Should i stay continuously for an year (365 days) and then i will eligible to return to US?

Yes.

[pontevecchio]

1. NO

2. Assuming you are working for the L1 sponsor and qualify for L1B your company can file after you are out for one year. Why not run this question by HR?