L1B Reset Process


vyas2323

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Thank you Kattu.

 

ok , it sounds like this is same as H1B. In my case I have stayed outside US for more than 1 yr but new L1B is filed before 1 yr. Once I return to US after one yr+ break, I stayed for 3 years and changed to H1.  USCIS has pproved petition for 3 more years and issued visa too recently untill the same PED. Doesn't that mean USCIS has approved clock reset ? I even heard of 2 of my frns who are in same situtaion and their petitions are approved too. Out of this one frn have stayed beyond six years ( if we count the period before 1 yr break but if you start clock after the break she has not completed 6 years ).

 

Thanks.

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Thank you Kattu.

 

ok , it sounds like this is same as H1B. In my case I have stayed outside US for more than 1 yr but new L1B is filed before 1 yr. Once I return to US after one yr+ break, I stayed for 3 years and changed to H1.  USCIS has pproved petition for 3 more years and issued visa too recently untill the same PED. Doesn't that mean USCIS has approved clock reset ? I even heard of 2 of my frns who are in same situtaion and their petitions are approved too. Out of this one frn have stayed beyond six years ( if we count the period before 1 yr break but if you start clock after the break she has not completed 6 years ).

 

Thanks.

USCIS does this in error but your period of stay is calculated based on your total stay that includes H1B and L1 status. If there is no stay outside of US for 365 days before filing a new petition the clock is not reset. If you are doubtful you can cross check with an attorney.

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For a new L1, you have to have worked for the employer abroad for a year in the last 3 years.

That by itself already means that you have to be abroad for a year before the employer could file a new L1.

It looks as if what you have got approved in error.

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