L1B extension or H1B Visa

[mohdnisham]

Hi,

My L1B visa and I94 is expiring on 21 June 2013. I am currently in US adn my company is willing to go ahead with the L1B extension if that is possible or H1B visa if thatshould what I should go ahead with. I am planning to visit India in April 2013. I have the follwing queries.

1) Can I apply for the L1B extension right now in Dec 2012 or should I wait till the visa is getting expired?
2) If the extension gets approved, should i go to the US embassy in India for Visa stamping? I heard that there is currently some personal interview waiver program if you are applying for the same category.

[raghvi]

Hi,

My L1B visa and I94 is expiring on 21 June 2013. I am currently in US adn my company is willing to go ahead with the L1B extension if that is possible or H1B visa if thatshould what I should go ahead with. I am planning to visit India in April 2013. I have the follwing queries.

1) Can I apply for the L1B extension right now in Dec 2012 or should I wait till the visa is getting expired?
2) If the extension gets approved, should i go to the US embassy in India for Visa stamping? I heard that there is currently some personal interview waiver program if you are applying for the same category.

Its never a good idea to plan a COS or extension and travel outside US together. Because a COS to H1 or an extension request is deemed abandoned if one applies for them and then leaves US.

Technically you can apply for extension only 6 Months or less before your I-94 expiry. You cant apply for extension after I-94 expiry. So you can apply only only after 20st Dec 2012 for L1 extension. Also, new H1 quota will open only 01-April-2013 and start date can only be 01-Oct-2013 or later. Since you are travelling in April 2013 before your L1 visa expiry you can apply for extension after coming back. A lot will depend upon the I-94 that you will get when you re-enter US after your trip in April 2013.

This is my opinion not legal advice.

[Punna]

Hi,

I'm in similar situation, my L1B visa and I94 is expiring on 30 June 2013 and my company is planning for extension in Jan 2013. But, my wife is planning to go India, in mid Jan for 3 months. I have following queries.

1. Will my L1B or my wife L2 extension gets effected, if she travels India while extension is in process ?
2. Normally how many days/months it takes to know the status of extension, after applying extension ?

Thanks in advance.

[raghvi]

Hi,

I'm in similar situation, my L1B visa and I94 is expiring on 30 June 2013 and my company is planning for extension in Jan 2013. But, my wife is planning to go India, in mid Jan for 3 months. I have following queries.

1. Will my L1B or my wife L2 extension gets effected, if she travels India while extension is in process ?
2. Normally how many days/months it takes to know the status of extension, after applying extension ?

Thanks in advance.

I would advise to either file for extension in premium get result and then travel only after knowing the result OR travel first and file for extension after coming back.

This is my opinion not legal advice.