L1-B Renewal-Recapturing the days spent outside US - Please clarify

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rgsiva_it3

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My L1-B visa has been stamped on Aug-1, 2006 and is valid upto Jun-25, 2009.

I entered US only on Jul-12, 2008.

As we know that my L1-B validity of 5 years, starting from the date i entered US and NOT from the date the VISA was stamped.

So, as per my entry date i can be eligible to stay in US still Jul-12, 2013.

When i am applying for my L1-B renewal will i get the 23 months (since my visa stamp) i spent outside US in addition to the remaninig 24 months eligible for extention which totals upto 47 months?

How the USCIS team know that my case is recapturing the time spent outside US.

So, i f i apply for extention will my visa be extended for 4 years by considering the recapturing the time i spent outside US? ( from 1-Aug-06 to 12-Jul-08).

I also know that L1-B visa can be renewed only ONCE for 2 years after the first 3 years is over. So, in my case during this renewal on June 2009m will i get the remaining 4 years validity of stay?

Please clarify this query.

Please find the e-mail chain below if you need more informaiton or let me know your convenient time to call you to discuss the issue.

Thanks for your help in advance.
 
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rgsiva_it3 said:
My L1-B visa has been stamped on Aug-1, 2006 and is valid upto Jun-25, 2009.

I entered US only on Jul-12, 2008.

As we know that my L1-B validity of 5 years, starting from the date i entered US and NOT from the date the VISA was stamped.

So, as per my entry date i can be eligible to stay in US still Jul-12, 2013.

When i am applying for my L1-B renewal will i get the 23 months (since my visa stamp) i spent outside US in addition to the remaninig 24 months eligible for extention which totals upto 47 months?
--- Yes, you will qualify for recapture although technically, it is not really a "recapture". The word "recapture" is often used for covering any brief periods of stay outside of the US, between an Exit and Re-entry. In your case, you can safely assume that your L-1 started from July 12th.

How the USCIS team know that my case is recapturing the time spent outside US.
--- your attorney will have to explicitly state it using an addendum, that the employer intends to recapture time.

So, i f i apply for extention will my visa be extended for 4 years by considering the recapturing the time i spent outside US? ( from 1-Aug-06 to 12-Jul-08).
---- it depends on the way the petition is being filed. The timeframe mentioned in the extension petition usually dictates the timeframe mentioned in extension approval notice

I also know that L1-B visa can be renewed only ONCE for 2 years after the first 3 years is over. So, in my case during this renewal on June 2009m will i get the remaining 4 years validity of stay?
---- It can be only extended once for 2 years, if you have used up 3 years, which does not apply in your case.

Please clarify this query.

Please find the e-mail chain below if you need more informaiton or let me know your convenient time to call you to discuss the issue.

Thanks for your help in advance.
Click to expand...

Your bigger concern should be the recent spike in USCIS rejections of L-1 extensions, due to apparent abuse by several outsourcing companies. If you are not working from the employer location that sponsored your L-1, it is very difficult these days to get extension approval. To account for this situation, time is of the essence and the earliest you can technically apply for the extension, the better.
 
Thanks Thomas for your reply.

I inquired my company and they are saying that they will process 2 years extention now and once if my new I-94 nears its expiration date they are ready to process the time i spent outside US(i.e, 23 months).

So, in my case will i be eligible for applying second time L1-B Renewal? If so, there is no need to file now as re-capturing the time spent outside US, right?

Please clarify.
 
You are correct, recapturing is usually done during the final extension that is possible within the max # of years allowed. It can be done anytime, but for simplicity purposes, it is done with the last extension.
 
Thanks Thomas....

It is nice to see your reply..

Could you please let me know why there are most cases of L1 are getting rejected through RFE. What could be the reason for rejecting... You said in your previous reply that it is because of deploying the resources in client place rather than the company who sponsored us the L1. But if this is the case, how some of my L1 collegues got their extention approval though they are working in client location.

Lot of my collegues in my company got their L1 case got rejected.. Is it happening for H1 extention also recent times? Is it because of the economic crisis in US now?

Will USCIS send valid reason for rejection? Can we appeal against the rejection?
 
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