l1b extension process

[prasharook]

Hi

My l1b visa and i94 both expired on August 8th 2013. My employer ha filed my extension in normal processing on July 26th 2013 and I got the acknowledgement on July 29th 2013. Right from that day the status is showing as initial review. It's 2 months now, no update yet. After going through lot of post in the forum I haven't seen such huge delay in initial status update.

No update for 2 months, is it normal? Did any one faced similar situation in past? Did any one applied during this period got the status?

Thanks in advance.

[prasharook]

Can someone share their experience . Who came through the same situation

[rehan.surve]

I have seen RFE is issued usually after 3 months, I received it on the day i completed 3 months of application

[Nattybone]

Hi

My l1b visa and i94 both expired on August 8th 2013. My employer ha filed my extension in normal processing on July 26th 2013 and I got the acknowledgement on July 29th 2013. Right from that day the status is showing as initial review. It's 2 months now, no update yet. After going through lot of post in the forum I haven't seen such huge delay in initial status update.

No update for 2 months, is it normal? Did any one faced similar situation in past? Did any one applied during this period got the status?

Thanks in advance.

Hello, Prashar.

Normal processing takes long. Under Premium Processing, you know the progress in 3-4 weeks. Whether RFE or decision.

Wishing you luck.

Cheers,

[prasharook]

l1b extension process

Rehan/ Natty,
Thanks for your reply. I appreciate your help.

[prasharook]

From my employer I came to know, in Vermont current processing date in July 2nd, 2013.
Any one has idea about how long it will take to reach July 29th Processing ?

[PravinJ]

From my employer I came to know, in Vermont current processing date in July 2nd, 2013.
Any one has idea about how long it will take to reach July 29th Processing ?

I'm still waiting since July 23rd. My employer contacted them and got the below response -
"Your petition is under active consideration. We regret that we are not able to give you a timeframe for when we will complete the review of your petition. "

[raghvi]

If one is in a hurry, there is always a premium processing option to get a response in 2-3 weeks by paying additional 1000 USD or so.

This is my opinion not legal advice.

[prasharook]

My status changed to RFE on oct 18th.

[prasharook]

Hi,

My employer is going to send the RFE document during 1st week of Jan 2014. I believe it will take another 2 - 3 months to know the status. But my 240 days after I-94 expire falls on April 4th 2013. So not sure whether i will get my status before 240 days or not.

Is it true I can't stay in USA after 240 days even though my extension is in progress ?

If it is true and if i leave USA before April 4th, is that going to affect my current extension process?

Please advice.

[raghvi]

Yes it is true, you cease to be in valid status if your decision is pending for 240 days with USCIS and you should leave immediately upon completion of those 240 days.


Extension doesnt hold much significance if you leave US after filing it as its a request for extension of ones status. If you leave, you would anyhow have to attend the L1 interview again at the US consulate abroad in order to get a new L1 visa.

This is my opinion not legal advice.

[prasharook]

Thanks Raghvi.

To make it clear, you mean if I leave US before knowing the status of my current extension petition then I have to apply for New L1 Visa again or its just interview for my current extension petition in aboard.

[raghvi]

You have to understand the difference between petition, I-94 and visa. Petitions validity allows you file a visa, visa validity allows you to reach US, I-94 validity allows you to stay in US and determines your current status in US.

Blanket L1 petitions generally have indefinite validity. L1 visas typically have 3 Year/2 year validity. And When one enters US on a visa one is given an I-94 which determines till when you can stay in US during that trip.

When one applies for extension while in US, one essentially is filing only for petition/I-94 extension, that is request to stay longer. This extension does not extend ones visa.

L1B can be used for 5 Years (3 Years + 2 years extension) . What one applies at a consulate abroad is for a new visa, indirectly meaning, extension of existing visa(for another 2 Years or 5 Minus time already spent in US. if not spent 1 Year abroad) OR if one has spent over a year outside US, to apply for a new visa (that is for fresh 3 Year period and possible 2 Year extension later) with the duration renewed.

What your employer filed while you are in US was I539 (application to extend status - I94) as well as I129S (petition for a Non immigrant worker). What you will be filing in the consulate is DS-160 as well as I129S. Both use the same I797 Blanket petition.

The I539/I129 combination, if approved, allows you to stay during your current trip till the newly issued I-94 date or 5 Year L1B completion, whichever is earlier.
But as and when you leave US, in order to return on l1 you would need to do the DS160-I129+Interview at US consulate abroad.

The DS-160/I129 and Interview combination , if approved, would get you a new visa, generally, with a duration valid for 5 Years minus time already spent in US.

To answer to your question, the interview is same whether you are applying for a new visa or extension of existing visa.

This is my opinion not legal advice.