My L1B expired currently on I94, can I be issued Canadian visitor visa- urgent advice

[andy3334]

Hi,

My L1b has expired last year and I am currently working on the I94 which is due to expire September 2013, my company suggest me to apply for L1 blanket from Canada instead of applying for blanket from India.

My question in the current scenario will I be granted Canadain Visitor visa given the fact that my L1B has already expired last year May 2012 and my I94 is valid

Which is the best approch is it safe to apply for I94 extention or go to Canada and apply for L1 blanket, in the scenario where there are so many REF on I94 extention for L1B.

Please reply soon who ever is aware of it. Many Thanks

[raghvi]

Hi,

My L1b has expired last year and I am currently working on the I94 which is due to expire September 2013, my company suggest me to apply for L1 blanket from Canada instead of applying for blanket from India.

My question in the current scenario will I be granted Canadain Visitor visa given the fact that my L1B has already expired last year May 2012 and my I94 is valid

Which is the best approch is it safe to apply for I94 extention or go to Canada and apply for L1 blanket, in the scenario where there are so many REF on I94 extention for L1B.

Please reply soon who ever is aware of it. Many Thanks

Whether you need a Canadian visa depends upon your country of citizenship. But am assuming you are not a GC holder. As an Indian on L1B you would need a visa to go to Canada.

An I-94 extension, if approved, would only extend your stay in US till th enew I-94 date or 5 Years completion on L1B whichever is earlier. You would still need to go for stamping as and when you leave US and want to re enter US. And if L1 extension is rejected you would have to leave as soon as your I-94 expires/rejection comes whichever is later.

You dont need a valid US visa to get a Canadian visa. Do remember, if you are explicitly going for stamping then if it gets rejected you will need to go to your home country from Canada and get new visa stamped in home country . If L1 goes to AP/RFE you can either wait till RFE/AP resolved in Canada or abandon it and travel to your home country to get a new visa.

As for best approach, everyone has their own opinion. Some say that home country is best, others advocate travelling to Canada. Each approach has its own risks/costs/benefits.

This is my opinion not legal advice.

[andy3334]

Thank you Raghvi for your reply:

The only doubt that I have in mind whether I would be granted Canadian visa or not, if i can be granted as per you in that case I would prefer to head to Canada and apply for my blanket from there,
I was talking to someone who also handles immigration issues for a company and his view was that,while issuing visa one thing that the Canadian visa issuing officer checks was in case of denial in issuing Canadian visa will the person be able to return to the country from where he is applying, what is your view on that.