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L1 Visa - Applying a new L1 visa while in US

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  • L1 Visa - Applying a new L1 visa while in US

    Hi All,

    My question is regarding applying new L1B visa, while in US.

    Currently my L1B visa extension is in progress at USCIS. I have received RFE and have responded back. Am planning to upgrade my case to premium. My I 94 is expiring at the end of March 2014 same date as the visa. In case of denial for my extension(like if i receive the notice by middle of february) , is it possible/allowed for me to apply a new L1B visa through my company while am in US or do i have to go back to india after March and then apply for a new one.


    Please let me know.

  • #2
    Originally posted by salem View Post
    Hi All,

    My question is regarding applying new L1B visa, while in US.

    Currently my L1B visa extension is in progress at USCIS. I have received RFE and have responded back. Am planning to upgrade my case to premium. My I 94 is expiring at the end of March 2014 same date as the visa. In case of denial for my extension(like if i receive the notice by middle of february) , is it possible/allowed for me to apply a new L1B visa through my company while am in US or do i have to go back to india after March and then apply for a new one.


    Please let me know.
    if your extension request is denied before your I-94 expiry then you have to leave by your I-94 expiry date. If your extension request is denied after your I-94 expiry then you will have to leave within 1 Week- 10 Days of denial notice. Irrespective, if your L1 extension is denied, then you cannot stay, so where is the question of applying new L1 from within US. You will have to leave US and re apply outside US.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      if your extension request is denied before your I-94 expiry then you have to leave by your I-94 expiry date. If your extension request is denied after your I-94 expiry then you will have to leave within 1 Week- 10 Days of denial notice. Irrespective, if your L1 extension is denied, then you cannot stay, so where is the question of applying new L1 from within US. You will have to leave US and re apply outside US.

      This is my opinion not legal advice.

      Thanks for the reply. Just to clarify my position, if i get the reply by February Mid, my I 94 expires on March 31, so i will be having some time atleast for beginning the process for applying a new L1B . so when i reach India, i can attend interview like at the April end. Is that Possible?

      Comment


      • #4
        Yes what you are saying is possible. But you would have to work out why the L1 extension got denied in the first place. The success rate of a L1 B with a prior L1B extension denied while in US is not very high.

        This is my opinion not legal advice.

        Comment

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