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Regarding the L1B followed by L1A Validity

Indio, CA |

I had L1B visa which is expired on 18 Dec 2011 and I had I-94 until 06th August 2012. Hence I returned to India on 5th Aug 2012 before my I-94 expires. My company is filing a fresh L1A visa since my position is changed and I am eligible for managerial role now. However, I was suggested to finish a full year outside of USA in order to get the clock reset and utilize 7 more years with my new L1A visa. My question was that I need to wait until I finish one full year even to apply for a petition or I can get the Visa before I finish one year in India and just travel after 06th Aug 2013 in order to be able to stay for 7 more years in the US? Thanks in advance!

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Attorney answers 2


You have to wait full one year before even applying. This question, I am sure, was answered for you by the employer's attorney. If you did not talk to the attorney yet, that would be the best place to direct your question to and a good time to start.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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