L1 visa one year outside US requirement


kn_k

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Hello,

 

I moved to India in August 2013. Now I am planning to move back to US on L1 (May time frame). Is it possible to get a L1 visa. I have been working for the same employer for 4 years now?

 

Thanks in advance for your reply.

K

If you have maxed out your status limit and left US by Aug 2013 then a petition can be filed only by August 2014.

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As a follow up, I have a H1B until 2016 from a subsidary company. I moved to India to work for the parent company and am planning to move back. Is there any exemptions for the 1 year rule.

If you have not stayed outside US for a year and plan to use an earlier approved H1B then you would get 6 years - time spent in US on L1. To get full 6 years on H1B a cap subject H1B petition has to be filed after you stayed outside US for 1 year.

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