L1A Blanket - Extension

[Guna 0]

I have been to US back and forth multiple times ...

 

1. In Feb 2011 came to US through L1A Blanket (Petition 1) from India and went back to India Mar 2014

2. In May 2014 came to US through L1A Blanket (Petition 2) from India and went back to India Mar 2015

Then i was in India for 365+ days (Cool off period)

3. In May 2016 I came to US with unexpired old L1A Blanket (Petition 2) and went back to India Sep 2016

Then i was in India for 9+ months

4. In Jun 2017 came to US through L1A Blanket (Petition 3) from India continued to stay till now

5. In Jun 2020 I applied visa extension on the same Petition 3 while in US , got approved after RFE

 

When I am trying to apply my 2nd extension, my Employer is saying USCIS erroneously gave the extension in Jun 2020, my Max out date is already over and I have to go back to India in 2 weeks. they are not willing to file extension for the left out 2 yrs of total 7 yrs.

 

My question:
1. Is the 365 cool off date is tied to a specific petition (even though it is all same L1A visa) ?

2. My cool-off date between Mar 2015 -  May 2016 will not count?  

 

Can you please help

[jan22 3,053]

On 3/8/2022 at 7:37 PM, Guna said:

I have been to US back and forth multiple times ...

 

1. In Feb 2011 came to US through L1A Blanket (Petition 1) from India and went back to India Mar 2014

2. In May 2014 came to US through L1A Blanket (Petition 2) from India and went back to India Mar 2015

Then i was in India for 365+ days (Cool off period?

3. In May 2016 I came to US with unexpired old L1A Blanket (Petition 2) and went back to India Sep 2016

Then i was in India for 9+ months

4. In Jun 2017 came to US through L1A Blanket (Petition 3) from India continued to stay till now

5. In Jun 2020 I applied visa extension on the same Petition 3 while in US , got approved after RFE

 

When I am trying to apply my 2nd extension, my Employer is saying USCIS erroneously gave the extension in Jun 2020, my Max out date is already over and I have to go back to India in 2 weeks. they are not willing to file extension for the left out 2 yrs of total 7 yrs.

 

My question:
1. Is the 365 cool off date is tied to a specific petition (even though it is all same L1A visa) ?

2. My cool-off date between Mar 2015 -  May 2016 will not count?  

 

Can you please help

First of all, if the company is not willing to file for an extension, discussion of an extension is a moot point.  You cannot do anything yourself -- it's dependent on the company application.

 

Second, it would appear the company is most likely correct.  The easiest way to look at it is that from the date of your initial L1A entry, you could accumulate a total of 7 years in L1A status.  So, with an entry in February 2011, if the stay was continuous, you could be in that status until February 2018.  It doesn't matter if your L1A time is spread over one or more petitions or multiple visas or various entrances to/exits from the US; those are all common occurences.

 

There is a provision, however, to "recapture" the time spent outside the US during that 7 years and add it back in to extend the total time period within which you could be in the US as an L1A.  Your three stays outside the US (Mar 2014 to May 2014, approximmately 2 montbs; Mar 2015 to May 2016, approximately 14 months; and Sept 2016 to Jun 2017, appoximately 9 months) would add an additional 2 years, 1 month to the allowed time frame. So would any time spent on vacations and/or personal time outside the US.  (Documentation would need to be submitted for any amount of time you are seeking to recapture and is subject to USCIS approval).  For ease of calculation, let's call it 2 years, 1 month, knowing that you might have gained a ltitle more time (weeks or months, not years) to the recaptured time.  So, your L1A time frame expanded to March 2020.  Sounds like somebody missed entering the initial L1A entry into the calculation.

 

Or, taking a look look at your time in US:

      Feb 2011 to Mar 2014 = 3 years 1 month

      May 2014 to Mar 2015 = 10 months

      May 2016 to September 2016 = 4 months. (Total to date approximately 4 years 3 months, leaving 2 years 9 months remaining in 7 year limit)

      Jun 2017 to Mar 2020 = 7 years of L1A status

      Mar 2020 to Mar 2022 = likely mistaken approval

 

[Times in both sets of calculations are approximations since actual dates of full 24- hour days spent outside tbe US were not given.]

 

Bottom line, your company's lawyers have advised the company not to file another extension for you aND apear to bensure cor rectangular in dping so.  I'm not aware of any way you can force them to do so.  You would only be eligible to restart the clock for a new 7 year cycle (extended by recaptured time) after working for the company outside the US for a full year.

[Guna 0]

Thank you so much for your detailed analysis.