L1-A transfer and Restamping while I-485 in progress

[rashan]

I need some advice based on your experiences/knowledge about my situation - any help will be greatly appreciated.

My situation is:
- I was employee of XYZ India Pvt Ltd with L1-A petition stamped till Dec-2019 working continuously in US since Mar-2015.
- This month I got transferred over to parent company XYZ Corp in US so that they can file my green card, in that process my L1-A petition got transferred over from XYZ India Pvt Ltd to XYZ Corp with newly approved I-797 having petitioner name as XYZ Corp and validity till Sep-2020.
- I-140 and I-485 are not yet filed and XYZ Corp may initiate that as soon as I give them a go ahead

My need is: I need to visit India two times in next 6 months, in Dec-2018 and Mar-2019.

My questions are:
1. Do I need to re-stamp the VISA even if I have earlier stamp for old I-797 valid till Dec-2019 (I think yes but anyone through this situation and did not re-stamp while visiting to India)?
2. If I need to re-stamp then is it advisable to wait till Apr-2019 to file I-140? Any impact on re-stamping or I-140 if it is filed and either in progress or approved by Dec-2018?
3. If I need to re-stamp then is it advisable to wait till Apr-2019 to file I-485 (assuming I-140 approved in premium category)? Any impact of re-stamping or I-485 case when I go for re-stamp?

[cali2018]

Your stamp and 2019 status got voided the moment you were transferred. If you got a new L-1A till 2020 that is your new status. You will get a new stamp everytime you enter the usa with an L-1 and a new i-94. You do not choose anything, the CBP agent chooses the stamp and what comments they put, they should just put “valid till sept-2020” every time truly.

Traveling when or why does not matter as long as your L-1 is valid. Your applications will need your latest i-94 so make sure when you sre submitting them you get the latest i-94.

You should apply earlier than later.

[rashan]

Your stamp and 2019 status got voided the moment you were transferred. If you got a new L-1A till 2020 that is your new status. You will get a new stamp everytime you enter the usa with an L-1 and a new i-94. You do not choose anything, the CBP agent chooses the stamp and what comments they put, they should just put ?valid till sept-2020? every time truly.

Traveling when or why does not matter as long as your L-1 is valid. Your applications will need your latest i-94 so make sure when you sre submitting them you get the latest i-94.

You should apply earlier than later.

Thank you for the response. My question is related to VISA stamp within passport at Consulate at Mumbai. Could you please re-look at below two questions from that point of view and share your feedback? Just want to avoid any complications in stamping at Consulate or in I-140/I-485 processing. Thanks again.

My questions are:
1. Assuming that I need to re-stamp at Mumbai Consulate, then is it advisable to wait till Apr-2019 to file I-140? Any impact on re-stamping or I-140 if it is filed and either in progress or approved by Dec-2018?
3. Assuming that I need to re-stamp at Mumbai Consulate, then is it advisable to wait till Apr-2019 to file I-485 (assuming I-140 approved in premium category)? Any impact of re-stamping or I-485 case when I go for re-stamp?

[scientist2016]

Thank you for the response. My question is related to VISA stamp within passport at Consulate at Mumbai. Could you please re-look at below two questions from that point of view and share your feedback? Just want to avoid any complications in stamping at Consulate or in I-140/I-485 processing. Thanks again.

My questions are:
1. Assuming that I need to re-stamp at Mumbai Consulate, then is it advisable to wait till Apr-2019 to file I-140? Any impact on re-stamping or I-140 if it is filed and either in progress or approved by Dec-2018?
3. Assuming that I need to re-stamp at Mumbai Consulate, then is it advisable to wait till Apr-2019 to file I-485 (assuming I-140 approved in premium category)? Any impact of re-stamping or I-485 case when I go for re-stamp?

L1 is a dual intent visa. Visa stamping and I140 are two completely independent processes. So I140 does not affect your visa stamping. Assuming you are from India, you cannot currently file I485 (retrogression) anyways.

[rashan]

L1 is a dual intent visa. Visa stamping and I140 are two completely independent processes. So I140 does not affect your visa stamping. Assuming you are from India, you cannot currently file I485 (retrogression) anyways.

Thank you for the reply.

Just a quick follow-up, if I-485 date becomes current after Oct 1st when retrogression lifted then would it advisable to go ahead filing I-485 or wait until Mar-2019 when I finish my visits to India?

[scientist2016]

Thank you for the reply.

Just a quick follow-up, if I-485 date becomes current after Oct 1st when retrogression lifted then would it advisable to go ahead filing I-485 or wait until Mar-2019 when I finish my visits to India?

Visa bulletin has been out for October for more than 3 weeks now. Dates haven't become current, and not expected to be current until atleast December, if at all during the current fiscal year. L1 being a dual intent visa, your I485 filing should not matter. In fact if you are able to file I485 (I doubt it will be current in the near future), you will be able to apply for a EAD and AP for free along with it. Once you get them you would not even need your visa. So, in summary you should apply for your I485 as soon as you become eligible to do so, and its filing should not affect your L1.

[rashan]

Visa bulletin has been out for October for more than 3 weeks now. Dates haven't become current, and not expected to be current until atleast December, if at all during the current fiscal year. L1 being a dual intent visa, your I485 filing should not matter. In fact if you are able to file I485 (I doubt it will be current in the near future), you will be able to apply for a EAD and AP for free along with it. Once you get them you would not even need your visa. So, in summary you should apply for your I485 as soon as you become eligible to do so, and its filing should not affect your L1.

Thank you for the guidance!

[rashan]

Your stamp and 2019 status got voided the moment you were transferred. If you got a new L-1A till 2020 that is your new status. You will get a new stamp everytime you enter the usa with an L-1 and a new i-94. You do not choose anything, the CBP agent chooses the stamp and what comments they put, they should just put ?valid till sept-2020? every time truly.

Traveling when or why does not matter as long as your L-1 is valid. Your applications will need your latest i-94 so make sure when you sre submitting them you get the latest i-94.

You should apply earlier than later.

I was told otherwise by another source and hence wanted to reconfirm with you... what they are saying is that if I have valid VISA stamp in passport then it doesn't matter if employer got changed, I can still use same VISA stamp to travel in and out of US using that and don't have to go for re-stamping. I also looked up consulate FAQs and found below

http://www.ustraveldocs.com/in/in-ge...sp#qlistwork13 (Question #13 as shown below):
Q.13 I have a valid H1B visa which contains my previous petitioner?s details. I have changed my employer with valid I-797 and am back in India for a short trip. Can I travel back to US on the same visa or do I need to apply for a new visa?
If you have changed H1B employers in accordance with USCIS procedures for making such a change, you may continue to use your valid H1B visa issued for your previous employment for entry into the United States. Upon applying for entry, you must also present your new Form I-797, Notice of Action, demonstrating the approval of the change of employer.

- - - Updated - - -

L1 is a dual intent visa. Visa stamping and I140 are two completely independent processes. So I140 does not affect your visa stamping. Assuming you are from India, you cannot currently file I485 (retrogression) anyways.

I have been advised by other source that re-stamping is not required because I still have valid L1-A VISA stamp in passport (although the employer/petitioned name on that is my India subsidiary of US parent company that I just joined and have new I-797 for). I also looked up consulate FAQs and found below - Can you please let me know if my understanding is correct now that VISA re-stamping is not needed?

http://www.ustraveldocs.com/in/in-ge...sp#qlistwork13 (Question #13 as shown below):
Q.13 I have a valid H1B visa which contains my previous petitioner?s details. I have changed my employer with valid I-797 and am back in India for a short trip. Can I travel back to US on the same visa or do I need to apply for a new visa?
If you have changed H1B employers in accordance with USCIS procedures for making such a change, you may continue to use your valid H1B visa issued for your previous employment for entry into the United States. Upon applying for entry, you must also present your new Form I-797, Notice of Action, demonstrating the approval of the change of employer.

[cali2018]

Wrong visa. One allows changing employers other does not. You have not left the usa since you entered first time with the stamp I take it?

[rashan]

Wrong visa. One allows changing employers other does not. You have not left the usa since you entered first time with the stamp I take it?

Sorry, was travel ling yesterday so couldn't reply.

I came in Mar-2015 on this VISA, got petition extended with XYZ India Pvt. Ltd in Sep-2017, Traveled to India in Mar-2018 using same VISA stamp because it has validity till Dec-2019. Recently got transferred to US Subsidiary XYZ Corp in Sep-2018 and received new I-797 with change in Petitioner name, it's a same L1-A which got ammended from XYZ India Pvt Ltd to XYZ Corp.

I see your point about H1-B vs L1-A from employer change point of view, since this is same organization XYZ where I moved from India subsidiary to US through USCIS process - do you think the clause of No Restamp required will apply for me as well?

Any help will be greatly appreciated.

[cali2018]

You seriously have nothing to worry about. You have status. Theoretically when you re-entered usa they should restamp you every time...but cbp can be busy or so. Multiple stamps can have same expiry date. Next time you travel take your new i797 and everything very likely you should get a new stamp till sep2020. As well check your i94 online now and next entry as well.

[rashan]

You seriously have nothing to worry about. You have status. Theoretically when you re-entered usa they should restamp you every time...but cbp can be busy or so. Multiple stamps can have same expiry date. Next time you travel take your new i797 and everything very likely you should get a new stamp till sep2020. As well check your i94 online now and next entry as well.

Thanks again for response.

Seems I did not clarify it, my reference to STAMP in this discussion thread is VISA STAMP stick withing passport page by Consulate in Mumbai and not the CBP ink stamp given at port of entry (no issue with that). I want to know if the VISA STAMP within passport which I got in 2014 based on my initial I-797 with XYZ India Pvt Ltd will be sufficient to renter us because now I have new I-797 with XYZ Corp (the US parent company of India subsidiary).

P.S. The new I-797 was obtained by filing amendment cum extension to transfer L1-A from XYZ India Pvt Ltd to XYZ Corp.

[rashan]

Thanks again for response.

Seems I did not clarify it, my reference to STAMP in this discussion thread is VISA STAMP stick withing passport page by Consulate in Mumbai and not the CBP ink stamp given at port of entry (no issue with that). I want to know if the VISA STAMP within passport which I got in 2014 based on my initial I-797 with XYZ India Pvt Ltd will be sufficient to renter us because now I have new I-797 with XYZ Corp (the US parent company of India subsidiary).

P.S. The new I-797 was obtained by filing amendment cum extension to transfer L1-A from XYZ India Pvt Ltd to XYZ Corp.

Any further updates @cali2018?

[cali2018]

Ahh ok gotcha. So it truly depends how comfortable you feel and how your CBP experience has been. That said based on many people's experience I have seen it is not a requirement to carry around your visa or any visa stamp, once you are approved it is in their system. Myself, truly I just always keep a printout my last i-94 to prove my status and I left the country in-status, making it easier for CBP to check my stuff. Sometimes you get a grumpy CBP who will lecture you that you should have everything on you that you had when you applied for the visa, but truly they just relax and find the information in the system.

Truly do not think you need to go to the consulate and get a new stamp or visa, if you did they would have asked you versus sending an i797. That said for sure you need your latest i797 and should show it when you entering so your passport stamp and new i94 will show your new updated status. Again since you got the i797 everything should be updated in the system, but may helpful to tell CBP guy I got an L1 and then show your passport and i797 to speed up process.

[rashan]

Ahh ok gotcha. So it truly depends how comfortable you feel and how your CBP experience has been. That said based on many people's experience I have seen it is not a requirement to carry around your visa or any visa stamp, once you are approved it is in their system. Myself, truly I just always keep a printout my last i-94 to prove my status and I left the country in-status, making it easier for CBP to check my stuff. Sometimes you get a grumpy CBP who will lecture you that you should have everything on you that you had when you applied for the visa, but truly they just relax and find the information in the system.

Truly do not think you need to go to the consulate and get a new stamp or visa, if you did they would have asked you versus sending an i797. That said for sure you need your latest i797 and should show it when you entering so your passport stamp and new i94 will show your new updated status. Again since you got the i797 everything should be updated in the system, but may helpful to tell CBP guy I got an L1 and then show your passport and i797 to speed up process.

Great advice, thank you very much! Have a good one.