Immigration Issues/L1B Visa Clock Reset

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Question
QUESTION: Hi,
Here are the details.

First L1B Visa from April 2007 - March 2010.
US Stay in this Visa Period:
Sept 2007 - Feb 2008 and Oct 2009 - March 2010.
I was in India for more than 1 year in between the 2 initial stays.
Went back to India in March 2010.

After first Visa expired my Company applied for new fresh L1B Visa in May 2010. This Visa expires in May 2013. Currently in US since May 2010.

My question is that when my current Visa expires on May 2013 will I be eligible for an extension? Is my clock rest? Or I have to go back to India?

ANSWER: USCIS counts Period of stay in U.S on L1B status toward L1B stay period. Any stay outside U.S for visit or work during your L1B status in US may be counted.

Best wishes,



---------- FOLLOW-UP ----------

QUESTION: Thanks for your answer!!

Although could you please elaborate on whether I will be eligible for an extension in May 2013?

Answer
You may only hold one non-immigrant status at a time.

However, please note that your question is too complex and case specific for it to be answered meaningfully on a forum.


I recommend hiring an immigration attorney on a retainer basis to provide on-going support as undoubtedly it will be needed since you are delving into a murky area of the law.

Best wishes,

Note: Our main are of practice is U.S. Immigration Law with focus on Removal, Deportation, Asylum, Employment Visas, Non-immigrant Visas (H1B/L1/J1), Immigration Bond matters, Criminal Immigration and other complex Immigration matters and related Federal Court litigation.  This communication, though, does not constitute “legal advise”, nor does it form an attorney-client relationship.  

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AJAY SINGH

Expertise

Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.

Experience

Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Organizations
Member - AILA. Bar Council of India.

Education/Credentials
LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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