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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28578
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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My L1B has expired last year and I-94 will be expiring this

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My L1B has expired last year and I-94 will be expiring this December. Before expiry of my I-94, I will be going back to India. I have the following questions.

1) Can I apply for new L1B from India or does it have to be L1B extension? What is the difference between the two.

2) I have spent 4 years in US already. I heard about the 5 year rule. In this case, will I get a L1B again, coz the duration of my new L1B will be 3 years again? So, is it my responsibility to count my 5 years and return back even if I have a valid visa?

Hello, my name is Judith. Thank you for this opportunity to answer your questions.

Are you on an L1B blanket or individual petition?

How many years have you had an L1B ?

 

Judith

Customer: replied 3 years ago.

I am on L1B blanket. I have completed 4 years of stay on L1B.


1) Can I apply for new L1B from India or does it have to be L1B extension? What is the difference between the two.
You can apply for a new L1B visa with a new I-129S from your employer with a copy of their I-797 blanket petition approval.

You have one more year on the L1B.
2) I have spent 4 years in US already. I heard about the 5 year rule. In this case, will I get a L1B again, coz the duration of my new L1B will be 3 years again? So, is it my responsibility to count my 5 years and return back even if I have a valid visa?

It is your responsibility to depart after 5 years. If you don't you are in violation.

With blanket petitions it is not the responsibility of the officer who admits you to count your time. That is your responsibility.

 

Judith

Customer: replied 3 years ago.

So, will it be a new L1B visa or L1B extension that my employer will be applying for me? and how many years will that grant me?

A blanket is different because the employer gives you an I-129S which does not have an extension provision on it.

Look at the form

http://www.uscis.gov/files/form/i-129s.pdf

So it is like a new petition in a sense.

That is why you get the 3 years and it is up to you to do the math and not stay beyond 5 years.

Judith

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