i94 expiring, dependent's stay in US & new L2

[bongane]

I am currently on i94 extension and my wife too as a dependent. And my L1B has already been expired. I am planning to get my new L1B stamped from Canada. So I will have to take my wife with me for stamping at Canada or she will be able to stay in US until I come back on new L1B and later if she can get her new L2 from US without going to Canada?

[raghvi]

I am currently on i94 extension and my wife too as a dependent. And my L1B has already been expired. I am planning to get my new L1B stamped from Canada. So I will have to take my wife with me for stamping at Canada or she will be able to stay in US until I come back on new L1B and later if she can get her new L2 from US without going to Canada?

If her I-94 is valid she can stay but if your L1B stamping gets rejected she would have to leave to.

As for her L2 visa stamping , she would have to leave US and get the same stamped outside US. Visa stamping isnt possible while being in US.

This is my opinion not legal advice.

[bongane]

Do you advise to get a new L1B from Canada US embassy rather than applying an extension of L1B from USA only where seeing mostly the rejections.. I think Canada US embassy considers the L1B application if an applicant worked in USA and even applicant is not a citizen of Canada (not a resident of Canada)or USA. I had gone though the link for the same - http://canada.usembassy.govhttps://www.immihelp.com/usa-visas/visas/categories-and-requirements/intra-company-transfer.html

[raghvi]

L1 extension requests are being highly scrutinized, and approval chances are not very high, so yes if you can take the risk, go ahead for stamping in Canada.

This is my opinion not legal advice.

[bongane]

Thanks for the response. So in my case it would be a new L1B application from Canada based on my indefinitely approved i797 ... Do you know anywhere on the US embassy web site it says that I should go to the Canada for a new L1B as I am currently working in US for almost 4 years now and I am a citizen of India. Would appreciate your feedback. Thanks,

[raghvi]

I doubt you will get such a mention on the website. They would always prefer you to go back to your home country but folks have had success in the past. My personal opinion is that its risky but not as risky as Extension filing in US.

http://canada.usembassy.govhttps://w...h-l-visas.html

This is my opinion not legal advice.

[bongane]

Thank you for the response.
I found below link as well and I think it never states that you can not do inter company transfer visa from Canada. What do you think, does this makes sense to you..
http://canada.usembassy.gov/mobile/https://www.immihelp.com/usa-visas/visas/categories-and-requirements/intra-company-transfer.html

[raghvi]

I agree. They would not say that it is not allowed. In fact many have done and had sucess. There was another thread suggesting that they are not giving Appointments to TCN in June/July/Aug.

This is my opinion not legal advice.

[bongane]

Thank you very much for the detailed responses. I will check and move the things faster. Thanks again.

[bongane]

I don't see any immediate appointments in any of the Canada locations, seems minimum 100 days of wait period. What do you suggest, my I94 is expiring on September 23, 2014.

[bongane]

Hi Raghvi. Understand the risk of going back to home country in case of rejection on L1b at Canada US embasy. But do you see any other reason for not to do L1b from Canada?