L-1B extension and travel to India

[bramo]

Hi

I am on L-1B (Blanket) visa currently. My visa and I-94 expires on 18th Dec 2014. My original plan is to travel to India on 9th July 2014 and return on 15th August 2014 and then after return to US, file an L-1B (Blanket) extension from within US for next 2 years stay. However, after talking to my company's attorney, she insist me to file an extension from US consulate in India while i am there during July and get the stamp on my passport for extended Visa and then return. So, I have following questions related to this scenario, if some experts from this group can help me find out the answers to those to reduce my bothering a bit.

1. what's the risk of extension denial from US consulate in India compared to filing from within US after my return on original plan?
2. if my extension is denied, can i still enter the US with my existing valid L-1B till 18th Dec 2014? and then file extension again from within US?
3. what could be the benefit of filing extension from India?
4. If i change my travel plan instead of July to December 2014, can i file extension from within US and then travel to India in december? in this case, what is the risk of visa stamping rejection compared to filing from India now and going for stamping now?

quick reply would be appreciated as I have to determine whether i should go ahead with my travel now or not?

for your information, i am directly employed with very reputed US company.

Thank you.
bramo.

[raghvi]

Hi

I am on L-1B (Blanket) visa currently. My visa and I-94 expires on 18th Dec 2014. My original plan is to travel to India on 9th July 2014 and return on 15th August 2014 and then after return to US, file an L-1B (Blanket) extension from within US for next 2 years stay. However, after talking to my company's attorney, she insist me to file an extension from US consulate in India while i am there during July and get the stamp on my passport for extended Visa and then return. So, I have following questions related to this scenario, if some experts from this group can help me find out the answers to those to reduce my bothering a bit.

1. what's the risk of extension denial from US consulate in India compared to filing from within US after my return on original plan?
2. if my extension is denied, can i still enter the US with my existing valid L-1B till 18th Dec 2014? and then file extension again from within US?
3. what could be the benefit of filing extension from India?
4. If i change my travel plan instead of July to December 2014, can i file extension from within US and then travel to India in december? in this case, what is the risk of visa stamping rejection compared to filing from India now and going for stamping now?

quick reply would be appreciated as I have to determine whether i should go ahead with my travel now or not?

for your information, i am directly employed with very reputed US company.

Thank you.
bramo.

1. With the spate of rejections and RFEs while applying for L1 extension from within US Its a general perception among many attorneys that the chances of successful L1 while in US are lesser than going for a fresh Stamping. Further the risk becomes entirely yours if you go for stamping and saves the attorney and legal team the headache of RFE and response for the same.
2. If they cancel your existing visa then you would not be able to.
3. Benefit is if you get it you become free to travel in and out for the next few years. If you file extension in US, you still cant travel freely and anyhow have to face interview upon next exit.
4. I believe the risks are same. Further, unless you file extension in premium there is no guarantee that you will get a decision by Dec. There have been people who neither got a RFE or acceptance or denial for 7 Months.

This is my opinion not legal advice.

[bramo]

1. With the spate of rejections and RFEs while applying for L1 extension from within US Its a general perception among many attorneys that the chances of successful L1 while in US are lesser than going for a fresh Stamping. Further the risk becomes entirely yours if you go for stamping and saves the attorney and legal team the headache of RFE and response for the same.
2. If they cancel your existing visa then you would not be able to.
3. Benefit is if you get it you become free to travel in and out for the next few years. If you file extension in US, you still cant travel freely and anyhow have to face interview upon next exit.
4. I believe the risks are same. Further, unless you file extension in premium there is no guarantee that you will get a decision by Dec. There have been people who neither got a RFE or acceptance or denial for 7 Months.

This is my opinion not legal advice.

Thank you Raghvi.
For (2), what are the chances and situations that they can cancel the existing Visa if the extension visa is denied?

Thanks again.

[raghvi]

Thank you Raghvi.
For (2), what are the chances and situations that they can cancel the existing Visa if the extension visa is denied?

Thanks again.

No one can predict. It depends upon the officer.

This is my opinion not legal advice.

[bramo]

No one can predict. It depends upon the officer.

This is my opinion not legal advice.

Thank you again Raghvi.

Is there any impact of reputed US company's name on consular officer's decision on the case?

[raghvi]

Thank you again Raghvi.

Is there any impact of reputed US company's name on consular officer's decision on the case?

No idea, even if it does, its not documented.

This is my opinion not legal advice.

[bramo]

No idea, even if it does, its not documented.

This is my opinion not legal advice.

Thank you Raghvi, for all the answers and information.

[bramo]

Thank you Raghvi, for all the answers and information.

Hi Raghvi

Will it make any difference as I have PERM approved and I-140 is going to be filed soon.

Thanks.
bramo.