L1b Query

[xplorehari]

Hi,
My L1b visa(first term) is valid till Apr 27th 2013 and my i-94 is valid till March 2014.Now i have to to travel to india for my marriage in Jan and return back by Feb.I have the following questions below:


If i am applying for extn now

1)Can i apply for my extension now and can i travel when the L1b extension is in progress.If my extension gets denied can i return back with my old visa stamp that is valid till Apr end?


If i am not applying for extn now

1)Can we travel to U.S back with just 2-3 months validity of visa stamp.If so is it mandatory should we show that the extension being applied or it is fine to apply after that as well


2)Will there be any problem for my wife's L2 stamping assuming only 3 months validity is there on the Visa.


3)Incase if i get my I-94 for 3 more years after entering back and the same case with my Wife L2,Can we process the L2 EAD based on i-94 validity or the visa validity is required for processing the same


Overall As there is lot of rejections on L1 these times i am trying to avoid the new stamping.Is it advisable for me to return with my old visa stamp or it is better to go for a fresh stamping after Apr and return back so that there wont be any confusions..

Someone please respond...

[raghvi]

Hi,
My L1b visa(first term) is valid till Apr 27th 2013 and my i-94 is valid till March 2014.Now i have to to travel to india for my marriage in Jan and return back by Feb.I have the following questions below:


If i am applying for extn now

1)Can i apply for my extension now and can i travel when the L1b extension is in progress.If my extension gets denied can i return back with my old visa stamp that is valid till Apr end?


If i am not applying for extn now

1)Can we travel to U.S back with just 2-3 months validity of visa stamp.If so is it mandatory should we show that the extension being applied or it is fine to apply after that as well


2)Will there be any problem for my wife's L2 stamping assuming only 3 months validity is there on the Visa.


3)Incase if i get my I-94 for 3 more years after entering back and the same case with my Wife L2,Can we process the L2 EAD based on i-94 validity or the visa validity is required for processing the same


Overall As there is lot of rejections on L1 these times i am trying to avoid the new stamping.Is it advisable for me to return with my old visa stamp or it is better to go for a fresh stamping after Apr and return back so that there wont be any confusions..

Someone please respond...

1. If you are planning to travel then it doesnt make sense to apply for extension before traveling. And in any case your extension request might be returned by USCIS citing extension not required as your I-94 is valid til March 2014, more than 6 Months in future.

1. Yes you can travel. There is no requirement to show that extension has been applied. But what I-94 is issued at the POE totally depends upon the Visa Officer. If they issue you an I-94 valid till Apr 27th 2013, then you shoudl file for extension as soon as possible after returning.
2.I dont anticipate any issues but one never knows, it depends upon the VO. If in worst case she is denied or its put in to AP, then advisable to file for extension of your petition while in India and get your new L1 as well as her L2 stamped together.
3. Yes. L2 EAD is based upon your and your spouse's I-94 so if you get I-94 till 2016 then you can get EAD till 2016, provided you two dont leave US before that.

In any case, extension applied or not, extension approved or not,L1 or H1, after April 27th 2013, if you leave US, you will need to get a new visa stamping in order to return (except of course if your GC is in advanced stage). Also, if you are really worried about your specialized skill sets and L1 in general, its advisable to change to H1.

This is my opinion not legal advice.

[xplorehari]

Hi Raghvi,
Thanks for the prompt response.Much appreciated.Yes infact i wanted to move to H1b but even when i do L1 to H1b COS whenever i travel to india i have to do the stamping again.Actually my Wife had worked on H1b earlier and she has some 1.5 years outstanding of 6 years.she resigned the job and came back to india.Hence even if there are any issues with EAD we are planning to do L2 to H1b COS to recapture her remaining period.kindly advise/suggest if there is any better ways to handle our situation...

Regards,
Hari

[kabkaba]

Just travel and return with your existing Visa before it expires. Visa only needs to be valid on the day you return to US. Petition needs to be valid in the future, but I guess in your case it is a blanket petition without any expiry date. Both of you will get longer duration I-94's and extensions if any should filed after you return. EAD will be based on I-94 and not Visa.