L1B Question

[SweetySharma]

Hi,

I have a scenario and need your feedback. I am currently working on L1B which is set expire in May 14. My employer wants to file for a fresh L1B (they are not filling extension) before May 14 so that I can continue to work post May.
My question is, will my current L1B still remain valid in case my new petition is rejected. The only reason for asking this is to know if I need to wind up all my stuff here before I go for new stamping or can I come later and then wind up (in case my current visa still remains valid) based on the outcome of my new petition.

Thanks for your help.

[raghvi]

Hi,

I have a scenario and need your feedback. I am currently working on L1B which is set expire in May 14. My employer wants to file for a fresh L1B (they are not filling extension) before May 14 so that I can continue to work post May.
My question is, will my current L1B still remain valid in case my new petition is rejected. The only reason for asking this is to know if I need to wind up all my stuff here before I go for new stamping or can I come later and then wind up (in case my current visa still remains valid) based on the outcome of my new petition.

Thanks for your help.

What do you mean filing a fresh L1B? Fresh L1B can only be applied outside US at a US consulate after spending 1 Year outside US. What your company may be doing is sending you for another stamping of a new L1 visa the new L1 visa if granted, would be a fresh stamping but the duration allowed would be 5 Years Minus time already spent in current L1 tenure in US. As for chances of rejection its similar to any other L1 visa, if it is denied , whether previous visa gets cancelled or not depends upon the officer. Till when is the current visa valid?

This is my opinion not legal advice.