L1B and L2 status extension

[pat7583]

Hello,

My L1B Visa expired on 20 Sept 2013. My wife's (L2) visa as well as I-94 expired on 20 Sept 2013. I have valid I-94 till Mar 2015. So my company applied for L1 and L2 status extension in last week of aug 2013. Can somebody please tell me what is possibility of getting L1 and L2 status extension approved? What are the causes of L1 status extension rejection?

Thanks in advance.
Pat

[raghvi]

Hello,

My L1B Visa expired on 20 Sept 2013. My wife's (L2) visa as well as I-94 expired on 20 Sept 2013. I have valid I-94 till Mar 2015. So my company applied for L1 and L2 status extension in last week of aug 2013. Can somebody please tell me what is possibility of getting L1 and L2 status extension approved? What are the causes of L1 status extension rejection?

Thanks in advance.
Pat

Why do you want extension when you are already allowed to stay till March 2015? An extension can only be filed Max 6 Months before I-94 expiry, hence your L1 Ext will most likely be returned by stating that extension not required.

As for new visa stamping, your extension will not help you get that. It can only be got at a consulate outside US.

This is my opinion not legal advice.

[pat7583]

Why do you want extension when you are already allowed to stay till March 2015? An extension can only be filed Max 6 Months before I-94 expiry, hence your L1 Ext will most likely be returned by stating that extension not required.

As for new visa stamping, your extension will not help you get that. It can only be got at a consulate outside US.

This is my opinion not legal advice.

Helli Raghvi,

Thanks for your reply. My intention is to stay in USA with my family for another 10 more months. And during this period, I am not planning to go out of USA. Hence I dont need visa as I have valid I-94 on which I can stay and work legally. However my wife's visa and I-94 is over. When asked to my employer, they said that they do not apply only extension of stay for L2 (i.e. I-539). and therefore they applied "I-129 Petition for a Non immigrant worker" for me and I-539 for my wife.

Now in this situation, would you think my I-129 application be returned? If yes, what will happen to my wife's I-539 application? Would that too be denied?

Thanks in advance!
Pat

[kabkaba]

In this situation only your wife needs to file the I-539 to extend her status.

[pat7583]

In this situation only your wife needs to file the I-539 to extend her status.

Thanks kabkaba! so if my application (i.e. I-129) is denied, my wife's I-539 will also be denied? If yes, what better can be done in this case?

Thanks in advance!
Pat

[kabkaba]

I129 will not be denied because your employer won't be filing it. There is nothing to deny. They already filed a blanket petition, it was approved and you were admitted to the US based on that petition until 2015. Your wife is only using that blanket petition and your I-94 to apply for extension of her status.
Only 1 application needs to be filed and that is your wife's I-539.

[raghvi]

Hello Kabkaba, if I understand the query , the employer already filed another I129 for Pat. In my opinion it will be returned stating extension not required. I539 for spouse may still go ahead.

This is my opinion not legal advice.

[pat7583]

Hello Kabkaba, if I understand the query , the employer already filed another I129 for Pat. In my opinion it will be returned stating extension not required. I539 for spouse may still go ahead.

This is my opinion not legal advice.

Hello Kabkaba,
Raghvi understood it correctly. My employer has filed another I129 for me. I was wondering if both applications (I-129 and I-539) process independently? As per Raghvi, both applications are processed independently. And if my I-129 gets rejected, still there is a chance of I-539 getting approved. is this true?

Thanks!
Pat

[kabkaba]

I think they will not be processed independently since the I-539 form will mention the new petition's receipt number/filing date.

In my opinion the new petition will not be denied or returned just because it is unnecessary. They will process it as any other L1 individual petition.

[pat7583]

I think they will not be processed independently since the I-539 form will mention the new petition's receipt number/filing date.

In my opinion the new petition will not be denied or returned just because it is unnecessary. They will process it as any other L1 individual petition.

Hello Kabkaba/Raghvi,

I have another question. On USCIS web site, I see processing time of I-129 and I-539 applications differs a lot. I-129 takes 2 months whereas I-539 takes more than 5 months. If both are not processed independently, will decision of these two be made on same time??

Thanks!
Pat

[kabkaba]

Both will be processed together. Even if not so, your spouse will not be out of status since I-539 has been timely filed before I-94 expiry.

[divyalakshman]

L2 extension

Hi, me and my husband are on l1 and l2 visa, we have our I 797 valid until 2014, but our visa expired, we came to India for a vacation and to get visa stamping done electronically and sent our passports over the post, my visa was approved and mine was not, but I never got any reason for the rejection, could any one advise on this? Can I re apply for my visa? If so after how many days ? Thanks

[raghvi]

Hi, me and my husband are on l1 and l2 visa, we have our I 797 valid until 2014, but our visa expired, we came to India for a vacation and to get visa stamping done electronically and sent our passports over the post, my visa was approved and mine was not, but I never got any reason for the rejection, could any one advise on this? Can I re apply for my visa? If so after how many days ? Thanks

Your post is not clear "my visa was approved and mine was not"....

If L1 was approved by L2 was not then L2 can re apply.

This is my opinion not legal advice.

[pat7583]

L1B and L2 status extension

Both will be processed together. Even if not so, your spouse will not be out of status since I-539 has been timely filed before I-94 expiry.

Hello kabkaba and raghavi,
This is Pat again. As you may remember few months back, I had started this thread. Just to refresh you on this topic, below is my summary:
1. My (L1B) and my wife VISA (L2) expired on 20th Sept, 2013
2. My wife's I-94 too expired on 20th Sept, 2013 however my I-94 is till Mar, 2015
3. My company applied for I-129 for me and I-539 for my wife's status extension on 13th Sept, 2013. (A week before our VISA expired)
4. I have received RFE on I-129 on 5th March, 2014.

Since our applications (I-129 and I-539) are dependent, I-539 decision will not be made till I-129 decision is made. I read in few forums like if decision doesn't come in 240 days after I-94 expiry, person should cease employment and depart the United States immediately. My wife's I-94 is over almost 180 days back. Does she require to leave US immediately after 240 days from her I-94 expiry?

Thanks in advance!

[raghvi]

Hello kabkaba and raghavi,
This is Pat again. As you may remember few months back, I had started this thread. Just to refresh you on this topic, below is my summary:
1. My (L1B) and my wife VISA (L2) expired on 20th Sept, 2013
2. My wife's I-94 too expired on 20th Sept, 2013 however my I-94 is till Mar, 2015
3. My company applied for I-129 for me and I-539 for my wife's status extension on 13th Sept, 2013. (A week before our VISA expired)
4. I have received RFE on I-129 on 5th March, 2014.

Since our applications (I-129 and I-539) are dependent, I-539 decision will not be made till I-129 decision is made. I read in few forums like if decision doesn't come in 240 days after I-94 expiry, person should cease employment and depart the United States immediately. My wife's I-94 is over almost 180 days back. Does she require to leave US immediately after 240 days from her I-94 expiry?

Thanks in advance!

Technically there was no need to file a I129 for you. A I539 was enough for your spouse.

Yes, if she doesnt want to accumulate illegal stay she would have to leave.

This is my opinion not legal advice.