L1 visa petition and B1/B2 Relationship

[skalair]

Hello,

I have B1 / B2 visa valid till September 2017 & wife as well have the same visa and validity as well. we both have visited USA three times in year 2012. in our last visit from Dec 2012 to July 2013, my company's office in Houston file a petition for L-1A. it got approved from USCIS and my status changed to L1A and for my wife L-1B. we spend a couple of months on new status & then cam back to our homeland for holidays and get the new visa sticker on our passports.

Scenario:
on appearing in US embassy for visa sticker, they put our case in administrative processing. still in process.

Note: while our stay in USA, my son was born & he is American citizen

Question:
can we (me & my wife) travel to USA on B1/B2 till L1 visa petition is under review?

Regards,
Shahid kalair

[raghvi]

Hello,

I have B1 / B2 visa valid till September 2017 & wife as well have the same visa and validity as well. we both have visited USA three times in year 2012. in our last visit from Dec 2012 to July 2013, my company's office in Houston file a petition for L-1A. it got approved from USCIS and my status changed to L1A and for my wife L-1B. we spend a couple of months on new status & then cam back to our homeland for holidays and get the new visa sticker on our passports.

Scenario:
on appearing in US embassy for visa sticker, they put our case in administrative processing. still in process.

Note: while our stay in USA, my son was born & he is American citizen

Question:
can we (me & my wife) travel to USA on B1/B2 till L1 visa petition is under review?

Regards,
Shahid kalair

Each visa application is viewed independently. Though B1/B2 doesn't have any impact on L1 decision but such prolonged stays on B1/B2 might not be viewed favorably by some VOs.
If you have concrete justifications for proving your prolonged B1 and can convince the VOs (if asked) that the prolonged stay wasn't being used to work and circumvent the H1/L1 visa than you don't have anything to worry about apart from the merits of the L1 itself.

This is my opinion not legal advice.

[skalair]

L1 visa petition and B1/B2 Relationship

Thanks for replying....

I have not over stayed on B1 Status. before expiring my B1 status, I got my COS approval with new I-94 with a validity of three years (L-1A Category).

I just want to have an idea whether I can visit USA on my B1/B2 visa, while L-1A petition is under consular processing? or I have to go for re-instantiate my B1/B2 visa, prior to visit USA!

Regards,
Shahid kalair

[raghvi]

Thanks for replying....

I have not over stayed on B1 Status. before expiring my B1 status, I got my COS approval with new I-94 with a validity of three years (L-1A Category).

I just want to have an idea whether I can visit USA on my B1/B2 visa, while L-1A petition is under consular processing? or I have to go for re-instantiate my B1/B2 visa, prior to visit USA!

Regards,
Shahid kalair

You can use the B1/B2 as long as you have a valid B1/B2 purpose and visa valid in passport and not marked otherwise.

This is my opinion not legal advice.

[Kash Jagyasi]

Traveling on B2 while L1 is in process

I have got an email that My non immigrant visa L1-A has been approved yesterday. Before I go and get the L1 stamped on my passport. (Which may take another month) can I travel to us on B2 for medical? also can I choose to change my status in two months to three months if I don't want to change my status now?

[raghvi]

You asking multiple different things in one sentence.

Who sent you the mail "non immigrant visa L1-A has been approved" ?

Do you already have a B2 visa in your passport?

I didnt understand "travel to US on B2 for medical", please be more specific.

Also, when you say Change Status, do you plan to do a B2 to L1A Change of Status while in US?

[Kash Jagyasi]

Sorry for confusion,

I Live in British virgin islands and my parent company had filed my L1A for me. I got that approved and I got notification email on 27th March. My wife is pregnant and I am seeing doctors in USVI, as we don't have medical facility in BVI to take care of our needs. I wanted to know if we can still travel on B1-B2 to see doctor as we have an appointment on 4th april. would this effect my L1 status which has been approved. I don't think I can go to get the L1 stamped on my passport any time soon at least not with my wife.

You asking multiple different things in one sentence.

Who sent you the mail "non immigrant visa L1-A has been approved" ?
USCIS

Do you already have a B2 visa in your passport?
We both have B1-B2 for 10 Years

I didnt understand "travel to US on B2 for medical", please be more specific.
St Thomas USVI is only 40 minutes from my country where I reside.

Also, when you say Change Status, do you plan to do a B2 to L1A Change of Status while in US?