Stamping after L1B extension is approved

[RedDevil38]

My L1B (and I94) expired in May-2013, I applied extension before the visa/I-94 expiry date, got RFE in Jun-2013, which was replied on time and on 3rd Jan-2014, I got email from USCIS that my extension is approved and they have sent the notice to my employer. Approved petition hasn't reached to my employer yet but I expect it to reach in next couple of days. I wanted to know -

1. If there are any issues in getting VISA stamped if I go for stamping in February even after extension is approved.
2. If there are any issues in immigration at India if I have scanned copy of approved petition and not actual one (since I am planning to go around 20 January and there is chance that my employer in India will not be able to send me original petition by that time)

Appreciate your input.

[raghvi]

My L1B (and I94) expired in May-2013, I applied extension before the visa/I-94 expiry date, got RFE in Jun-2013, which was replied on time and on 3rd Jan-2014, I got email from USCIS that my extension is approved and they have sent the notice to my employer. Approved petition hasn't reached to my employer yet but I expect it to reach in next couple of days. I wanted to know -

1. If there are any issues in getting VISA stamped if I go for stamping in February even after extension is approved.
2. If there are any issues in immigration at India if I have scanned copy of approved petition and not actual one (since I am planning to go around 20 January and there is chance that my employer in India will not be able to send me original petition by that time)

Appreciate your input.

1. Extension approval in US doesnt guarantee visa approval at the consulate.
2. Better to take original with you.

This is my opinion not legal advice.

[RedDevil38]

1. Extension approval in US doesnt guarantee visa approval at the consulate.
2. Better to take original with you.

This is my opinion not legal advice.

Thanks for the quick reply.

1. I understand there is always risk, but have there been more case of rejection of this kind of stamping just like fresh L1-B rejection has been much more strict in last years. Even in my company, only very few extensions are approved.
2. do they even check anything apart from our passport.

Thanks again.

[raghvi]

1. I don't know if there are statistics available in public domain which will tell how many folks who had extension approved in US but got rejected in home country at the consulates.
2. Indian immigration wouldnt but US consulate would when you for interview.

This is my opinion not legal advice.

[RedDevil38]

1. I don't know if there are statistics available in public domain which will tell how many folks who had extension approved in US but got rejected in home country at the consulates.
2. Indian immigration wouldnt but US consulate would when you for interview.

This is my opinion not legal advice.

Thanks for your reply, Raghvi.

For pt 1 - I checked with our immigration cell, according to them, they said there wont be any explicit issue however as we know, there is always chance of rejection during interview for stamping.
For pt 2 - Yes, I would be carrying original with me during interview.

Thanks again.

[aravindg554]

NEED URGENT RESPONSE PLEASE !!! L1B visa and I-94 expiring soon

Hi,

I am on L1B visa. My L1B visa and I-94 are expiring on 04-Mar-2015. Due to a personal emergency family situation, I had to travel to India in the last week of Jan 2015 and return to US on Feb 19th 2015. Prior to this travel, my visa expiration date was 04-Mar-2015 but I-94 expiration date was 24-Aug-2015. So my employer thought we can file for my L1B extension after 24-Feb-2015 which is less than 6 months before my I-94 expiration date. But, when I returned to the US on Feb 19th 2015, the CBP officer gave I-94 for me and my wife only till 04-Mar-2015. My company is going to file for my L1B extension soon. But I need some clarity on the following questions based on your experience.

1. Since I am filing my L1B extension just 5-7 days before my I-94 expiration date, will this impact the decision from USCIS?
2. Suppose my extension is filed before 04-Mar-2015 and USCIS takes about 2-4 months to come back with a decision. Is my stay in the US beyond 04-Mar-2015 considered unlawful by USCIS?
3. Will this situation impact my future US visa stampings/ entry?

Appreciate your timely response.

[raghvi]

Hi,

I am on L1B visa. My L1B visa and I-94 are expiring on 04-Mar-2015. Due to a personal emergency family situation, I had to travel to India in the last week of Jan 2015 and return to US on Feb 19th 2015. Prior to this travel, my visa expiration date was 04-Mar-2015 but I-94 expiration date was 24-Aug-2015. So my employer thought we can file for my L1B extension after 24-Feb-2015 which is less than 6 months before my I-94 expiration date. But, when I returned to the US on Feb 19th 2015, the CBP officer gave I-94 for me and my wife only till 04-Mar-2015. My company is going to file for my L1B extension soon. But I need some clarity on the following questions based on your experience.

1. Since I am filing my L1B extension just 5-7 days before my I-94 expiration date, will this impact the decision from USCIS?
2. Suppose my extension is filed before 04-Mar-2015 and USCIS takes about 2-4 months to come back with a decision. Is my stay in the US beyond 04-Mar-2015 considered unlawful by USCIS?
3. Will this situation impact my future US visa stampings/ entry?

Appreciate your timely response.

1. I dont think so.
2. It would not be considered unlawful as long as extension is filed before I-94 expiry. But if the decision doesnt come within 240 Days of I-94 expiry you will have to leave US. Also if you want faster response ask employer to file in premium.
3. Dont think so.

This is my opinion not legal advice.