L1B going to expiry, any issue in applying for new L1B

[Arbind Kumar Rohilla]

L1B visa is going to expire in May, 2014. Going back to my home country in December, 2013.

Need clarification on the following :

1) Should I go for fresh L1-B visa in December, 2013 when i am going to my home country as I-94 is expiring in December as well ?

If I apply in the same category for same client and same role for the same Visa which is going to expire in the next 5 months.

OR

2) Should I go for L1B extension ?

Answers to this questions are highly appreciated...

[Nattybone]

In my case, I am in US on L1B visa. My visa is going to expire in May, 2014. I am going back to my home country in December, 2013. My employer want to apply a fresh L1B visa when i will be in my home country in December.

Please help me in finding the best approach in this situation. i need clarification on the following :

1) Should I go for fresh L1-B visa in December, 2013 when i am going to my home country as I-94 is expiring in December as well ?

OR

2) Should I go for L1B extension ?

If I apply in the same category for same client and same role for the same Visa which is going to expire in the next 5 months from December, 2013.

Answers to this questions are highly appreciated...

Hello, Arbind.

For how long have you been in USA on L1B?

Cheers,

[Arbind Kumar Rohilla]

Hello, Arbind.

For how long have you been in USA on L1B?

Cheers,

Hi Nattybone,

It will be 8 months in December,2013

[Nattybone]

Hi Nattybone,

It will be 8 months in December,2013

Hello, Arbind.

L1B is for 5 years. Why are you not filing for extension from within the US? Why do you want to go back to India and file from there? There is a provision to file for extension from US itself without having to go back. Majority people file for extensions from US itself.

Unless ofcourse you have some need to go back to India. Else, file for extension from US itself, my friend.

Wishing you luck.

Hope this helps.

Cheers,

[Arbind Kumar Rohilla]

L1B is for 5 years. Why are you not filing for extension from within the US? Why do you want to go back to India and file from there? There is a provision to file for extension from US itself without having to go back. Majority people file for extensions from US itself.
Unless ofcourse you have some need to go back to India. Else, file for extension from US itself, my friend.

thanks Nattybone for your response...
Anyway, I need to go to my home in December, I am thinking if i can do both during this trip , I-94 and stamping...
Let me know if this is fine...

[Nattybone]

thanks Nattybone for your response...
Anyway, I need to go to my home in December, I am thinking if i can do both during this trip , I-94 and stamping...
Let me know if this is fine...

Arbind,

Yeah, then get everything done in one go. File an extension and when you go to India apply for a fresh stamp as per the new I797. That way, you will be ok to stay in US for 2-3 years (depending on the I797 petition).

Wishing you luck.

Cheers,

[Arbind Kumar Rohilla]

Yeah, then get everything done in one go. File an extension and when you go to India apply for a fresh stamp as per the new I797. That way, you will be ok to stay in US for 2-3 years (depending on the I797 petition).

If i file extension, it will take 240 days, if it doesn't come by that time, then, do you think i will be able to go for fresh stamp as the extension status will be awaiting ? if extension got rejected, then, wouldn't it be difficult to get the fresh stamp @ home?

[Nattybone]

If i file extension, it will take 240 days, if it doesn't come by that time, then, do you think i will be able to go for fresh stamp as the extension status will be awaiting ? if extension got rejected, then, wouldn't it be difficult to get the fresh stamp @ home?

Arbind,

Your visa is till May 2014. Sorry, but if you simply enter and exit, you are good. Your only worry right now is the I94. You leave in December, and come back in January 2014 without a new stamping.

You will be issued a new I94 at Port of Entry. After entering, you could ask your employer to file an extension on Premium processing.

Does this sound bad?

Cheers,

[Arbind Kumar Rohilla]

Your visa is till May 2014. Sorry, but if you simply enter and exit, you are good. Your only worry right now is the I94. You leave in December, and come back in January 2014 without a new stamping.

Yes, right now the only worry is I-94, that's why i am going to home.
If i wait for filing extension, after coming back in Jan 14, then i can not go outside US until i have stamp on my passport, which is only possible by visiting home country.

I can save a trip (money) if i go for stamping when visiting home in December. what is your opinion on this case ?

[Nattybone]

Yes, right now the only worry is I-94, that's why i am going to home.
If i wait for filing extension, after coming back in Jan 14, then i can not go outside US until i have stamp on my passport, which is only possible by visiting home country.

I can save a trip (money) if i go for stamping when visiting home in December. what is your opinion on this case ?

Arbind,

When you reenter in Jan 2014, you will have the visa till May 2014. You could also try Canada for stamping. Many people go and get the stamp from Canada.

I understand your point, you want to get the new stamp in December itself. This sounds good. This will solve a lot of problems (Just pray you do not get a 221G).

Wishing you luck.

Cheers,

[Arbind Kumar Rohilla]

When you reenter in Jan 2014, you will have the visa till May 2014. You could also try Canada for stamping. Many people go and get the stamp from Canada.
I understand your point, you want to get the new stamp in December itself. This sounds good. This will solve a lot of problems (Just pray you do not get a 221G).

Thanks Nattybone for your responses... two more queries

Q1. Do we have any checklist to take care to minimize the chances of 221G ?

Q2. In this situation, Should i take my wife with me OR go alone to my home country for stamping ? what is your suggestion ?

[Nattybone]

Thanks Nattybone for your responses... two more queries

Q1. Do we have any checklist to take care to minimize the chances of 221G ?

Q2. In this situation, Should i take my wife with me OR go alone to my home country for stamping ? what is your suggestion ?

Arbind,

Carry proper documentation for everything: LCA, Pay Stubs, Project details, Letter from Manager (if needed), Skill set List, Your position, Your responsibilities, Whether project is long term (duration of the project), Organization Structure. Good paperwork is the only solution to avoiding 221G, still people get it, nonetheless. There is no certain prediction of a visa interview. All we can do is try our best with good and thorough paperwork.

I hope this helps.

Wishing you luck.

Cheers,

[Arbind Kumar Rohilla]

Carry proper documentation for everything: LCA, Pay Stubs, Project details, Letter from Manager (if needed), Skill set List, Your position, Your responsibilities, Whether project is long term (duration of the project), Organization Structure. Good paperwork is the only solution to avoiding 221G, still people get it, nonetheless. There is no certain prediction of a visa interview. All we can do is try our best with good and thorough paperwork.

Hi Nattybone, appreciate your help ! I will try my best to collect all these documents... and keep this thread updated with the latest status...