L1 recapture evidence

[sfjenny]

What is the name of your state?
California

I'm in the process of submitting a recpature application, to extend my L1 visa, while my greencard application is being processed. I have over 240 days that I was out of the country over the past 5 years, and am organizing my documentation. Do you know what, in practice, will be accepted as evidence for being out of the country? I have re-entry stamps for every trip, but most trips were back to Ireland, where they don't stamp my passport. I have not held onto most boarding passes, but for most trips I have copies of e-tickets or itineraries via email (paper tickets were never issued), and evidence from bank statements of using ATMs or making purchases while out of the country. Since the passport stamps prove that I was actually out of the country, will print outs of the etickets count as evidence that I left when I said I did? I'm just concerned as the e-tickets don't actually prove that I got on that plane, but wonder if in practice, it's consider reasonable evidence of departure.

Thank you!
Jenny

 

[ImmigAttyLana]

You will need a combination of the itinerary receipts as well as the passport visa stamps, where you have them. Where there are no visa stamps, you will need to provide secondary supporting documentation that will prove that you were outside the US during the time in question. I had a similar case just a few months ago with a client of mine where we had to do this and were successful in getting the time recaptured.

It is just not very clear to me why you need to extend your L-1 if you already have a pending green card application. At what stage is the green card application?

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.