expired L1 A Visa and valid I94 - re entry to US

[ptewari]

Me and my wife have expired L1 A and L2 visas. Our I-94 however expires in March 2016.

My problem is that I have to go to India to attend a family function in a few months and since I have a expired Visa I wouldn't be able to re-enter US eventhough I have a valid I-94..

I understand cannot apply for a extension as an extension can only be applied 6 months before I94 expiry..

What shd be done in this scenario ? Can I simply get a new visa stamping when I am in India which will allow me to re-enter US? Do I need to submit all the paperwork required for a new visa or would the us consulate consider my valid status and give me a new visa without any new paperwork?

[raghvi]

Me and my wife have expired L1 A and L2 visas. Our I-94 however expires in March 2016.

My problem is that I have to go to India to attend a family function in a few months and since I have a expired Visa I wouldn't be able to re-enter US eventhough I have a valid I-94..

I understand cannot apply for a extension as an extension can only be applied 6 months before I94 expiry..

What shd be done in this scenario ? Can I simply get a new visa stamping when I am in India which will allow me to re-enter US? Do I need to submit all the paperwork required for a new visa or would the us consulate consider my valid status and give me a new visa without any new paperwork?

Your L1A has already expired. US consulate wouldnt give you a new visa just because you earlier had one. You need to book a new appointment for visa interview and take all supporting documents to re - prove that you indeed have the eligibility of a fresh L1A.

This is my opinion not legal advice.

[kabkaba]

Seems like this is a blanket petition which has no expiry date. If so, you can use that petition to apply for the Visa just like you did before. After you get the Visa you can travel to US. Note that L1 applications face a lot of scrutiny these days and L1A and blanket applications are even more scrutinized.

[ptewari]

expired L1 A Visa and valid I94 - re entry to US

Thanks. Yes, this is a blanket petition. Considering that L1-A blanket petitions are greatly scrutinized do you recommend any other option like a GC that might be a safer bet?

[raghvi]

Thanks. Yes, this is a blanket petition. Considering that L1-A blanket petitions are greatly scrutinized do you recommend any other option like a GC that might be a safer bet?

Its highly unlikely that you will get a GC within the next few Months before your trip.

What we have been trying to convey is that if you attend the family function within the next few Months you have to go for a new stamping in order to return. And like with any visa stamping there are chances of refusal. At the same time there have been lot of successful stamping cases too. if you are confident of getting a visa then go ahead. Fill up the I129S, and book an appointment using DS-160 for you and your spouse. Attend the family function and also the Visa interview. Carry all necessary documents that you carried with you during the first time L1 stamping,I797, past W2s, your org charts, roles and responsibilities, etc. If visa approved you and your dependents can travel back.

This is my opinion not legal advice.