L1B Specialized Knowledge - Extension eligibility for unused period

[Ramcharan1978]

Hi,

I got my L1B under Specialized Knowledge in 2009 for 3 years. However i came to US only in April 2011 with 6 months of Visa period left. Subsequently my employer applied for a 2 year extension in Dec 2011 - Thus my extension period now expires in Dec 2013.

My question is -
a) Can my employer again apply for an extension for me? or can extension be filed only once.
b) Can my employer now file for utilizing the unused period on the petition - from 2009 to April 2011.

Do we have any other options to extend my stay in US beyond Dec 2013?

Any inputs will be appreciated

Thanks
Ramcharan

[raghvi]

Hi,

I got my L1B under Specialized Knowledge in 2009 for 3 years. However i came to US only in April 2011 with 6 months of Visa period left. Subsequently my employer applied for a 2 year extension in Dec 2011 - Thus my extension period now expires in Dec 2013.

My question is -
a) Can my employer again apply for an extension for me? or can extension be filed only once.
b) Can my employer now file for utilizing the unused period on the petition - from 2009 to April 2011.

Do we have any other options to extend my stay in US beyond Dec 2013?

Any inputs will be appreciated

Thanks
Ramcharan

L1B can be utilized for 5 Years stay in US. After that in order for fresh L1B one has to stay out of US for 1 Full year. Since you haven't utilized the full 5 years stay in US you can recapture the period (5 Years - time already stayed in US).

This is my opinion not legal advice.

[Ramcharan1978]

L1B Specialized Knowledge - Extension eligibility for unused period

L1B can be utilized for 5 Years stay in US. After that in order for fresh L1B one has to stay out of US for 1 Full year. Since you haven't utilized the full 5 years stay in US you can recapture the period (5 Years - time already stayed in US).

This is my opinion not legal advice.

Thanks for the opinion - Appreciate it.

However is there any rule which says that the request to recapture this unused period should have been done at the time of seeking the 2 year extension and that subsequently after the extension period - a request for the unused period cannot be done?

[thetraveler]

To re-caputure the period

I have the same question and I also need to apply for the period. Can somebody please help me on the letter template which I can use to send to USCIS.
Appreciate the help.

[kabkaba]

Recapture can be done later.

[thetraveler]

Hi kabkaba

Recapture can be done later.

Hi,
for this recapturing , do i need to prove my specialized skills again? I do have all entry and deperture records.
Please let me know what documents needs to be submitted here.

History:
I did have stamped L1B Blanket visa from Jan 2009 till Dec 2011
I currently have stamped L1B Individual visa from Dec 2011 till Dec 2013

Appreciate your response.

[raghvi]

Hi,
for this recapturing , do i need to prove my specialized skills again? I do have all entry and deperture records.
Please let me know what documents needs to be submitted here.

History:
I did have stamped L1B Blanket visa from Jan 2009 till Dec 2011
I currently have stamped L1B Individual visa from Dec 2011 till Dec 2013

Appreciate your response.

Recapturing is very similar to filing extension request and has the associated paperwork.

Example, An X technology was very specialized in 1996 but need not be so today, so yes, you would have to prove the specialized knowledge again.

And if you leave US after Dec 2013 you would have to get a new visa again by going for stamping.

This is my opinion not legal advice.

This is my opinion not legal advice.

[lisaanderson]

Hi,

I got my L1B under Specialized Knowledge in 2009 for 3 years. However i came to US only in April 2011 with 6 months of Visa period left. Subsequently my employer applied for a 2 year extension in Dec 2011 - Thus my extension period now expires in Dec 2013.

My question is -
a) Can my employer again apply for an extension for me? or can extension be filed only once.
b) Can my employer now file for utilizing the unused period on the petition - from 2009 to April 2011.

Do we have any other options to extend my stay in US beyond Dec 2013?

Any inputs will be appreciated

Thanks
Ramcharan

a) Yes
b) Yes

[Ramcharan1978]

Do Dependents have to be physically in US at the time of extension filing?

Does my family (Dependents) have to be Physically in the US at the time of filing the extension for Unused period.I will be there in the US physically but not them...is that Ok? If i get the extension for Unused period, can they then get the visa stamped from India and come here based on my extension petition approval

[raghvi]

Does my family (Dependents) have to be Physically in the US at the time of filing the extension for Unused period.I will be there in the US physically but not them...is that Ok? If i get the extension for Unused period, can they then get the visa stamped from India and come here based on my extension petition approval

No they need not. Once your petition is approved and you get a new I-94 along with it, they can book an appointment and take that to the consulate to attend the dependent visa stamping.

This is my opinion not legal advice.