Legal Question in Immigration Law in California

Re: Urgent : L1B Visa - Advice Needed

You can stay maximum of 6 years in L1 and H1. For your specific case, you need to have attorney review your documents to render specific advice.

Re: Urgent : L1B Visa - Advice Needed

I. STATEMENT OF FACTS

The individual came into the U.S. on 9/1/1999 on an H-1B and remained until 2/2/2003 (3 years and 3 months). According to the email, he then came in on a B-1 for a month in 2004, and then came in again on a L-1B on 1/25/2004 and has remained in the U.S. ever since. The petition end date is 11/15/05 and the I-94 expires 1/1/2007.

II. ISSUES PRESENTED/DISCUSSION

A. Gap between H-1B and L-1 is less than one year

According to 8 CFR 214.2(1)(12)(i) if one has spent the maximum amount of time in an H or L classification then one cannot be readmitted as such until he has been outside the US for at least one year. An alien can switch from H to L but the time the alien was in H status will be counted against the remaining years of L classification.

Here the individual was in the U.S. under the H classification for 3 years, which is not the maximum amount of time. Therefore, his L classification will not be affected by his previous stay on the H visa.

B. L visa is expired but I-94 card is valid until 1/1/2007

As long as the individual is working for the qualifying employer who petitioned for him and he is working in the capacity under which he applied for the L visa then he is not accruing unlawful presence.

However, most likely the immigration officer stamped the I-94 card based on the individual�s admission to the U.S. with the L visa.

C. Individual states �Visa has expired but Petition End Date is 11/15/05"

It is unclear what is meant when the email states that the visa is expired but the petition end date is 11/15/05.

III. CONCLUSION

The individual is authorized to stay and work in the U.S. until 1/1/2007. Should the individual want to travel abroad, he will have to obtain a new L-1 visa from the U.S. Consulate before he will be permitted to return to the U.S.

This is cursory advice with what little facts we have been presented with. It is not meant to be a definitive answer to your query - for that, we will need to speak with you either by telephone or in person at our Office, and have the chance to review and discuss your immigration documents. If you would like to schedule an appointment with one of our Attorneys, please telephone us at (212) 618-1830.