L1B visa RFE...

[subhashni]

I'm positing ths query with more info for clear picture...


Got Visa - April 2008
Visa Exp Date - 13th April 2011
I94 Exp Date - 13th April 2011
Arrived US - 23rd May 2009

My husband is in L1B visa(blanket).we came to US after 1yr 1 mn from the date we received Visa.our visa & I94 expired on same date 13th april 2011,we applied for extension & received RFE on aug 2011.we still have time till 20th sep 2011 to answer RFE.

We came to know that 1yr 1mn out of US period can be recaptured by applying extensions,period out of US is not considered towards 3yrs visa limit.without knowing this clause we applied for extension in normal procedure & dint mention that out of US (1yr 1mn) period anywhere.

My doubt is can we get this 'out of US period' alone extended without getting into trouble answering RFE, bcoz possibility of RFE getting rejected ismore.Or while answering RFE can we attach a separate document requesting for extending this 'Out of US' (1yr 1mn) period,so this period wont go waste????

Pls reply..urgent advise needed...

 

[vectorP]

L1 visa holder

The 'out of US period' can be recaptured when L1 visa holder reaches the 5-year limitation extensions.

The U.S. Citizenship and Immigration Services (USCIS) issued a memorandum setting forth the procedures for calculating the maximum period of stay allowed for H1B and L-1 nonimmigrants. This Memo addresses only issues pertaining to the recapture of time spent abroad. It in no way addresses or alters the H1B extensions beyond the six-year limitation that are commonly referred to as seventh-year extensions. The Memo, in simple terms, allows for persons in H1B and L-1 to recapture each day that they spend abroad during the standard H1B and L-1 duration. See http://www.greencardapply.com/news/news06/news06_1129.htm