L1B expired. I-94 goes good. Family in India. Brand new L1B filing from US or India.

[mendax_r]

Hi ,

I came to US for the first time during 2011 on L1B VISA. The end date of this L1B VISA was last month , this year ( June , 2014).
Since i have gone to India for vacation during the month of March this year( March , 2014), My recent I -94 end date goes good through until June , 2017 even though my VISA got expired on June , 2014. Catch is that my family is in India. I want to bring them here.

My company already applied COS to H1B this year but this did not picked up through the lottery process.
In this case, my company is planning to apply for me a fresh L1B VISA. I have below question here.

1. Should I apply the Brand new L1B VISA from here is US or Should I go to India and then do the brand new L1B ?
2. Let's say If i am going to apply from US, should I go to India for VISA interview and stuff ? or it can be done in US itself.
3. In both the cases, how the rejection rates would be considering the fact that I work for the same client for five years. ( 2 years at offshore + 3 years at US)

Could any one please advise on this ? My intention is bring my family & work here. Please suggest if you have any other ideas.

Thanks

P.S - My company did not apply the L1b extension for me since i got the valid I-94 until 2017.

[raghvi]

Hi ,

I came to US for the first time during 2011 on L1B VISA. The end date of this L1B VISA was last month , this year ( June , 2014).
Since i have gone to India for vacation during the month of March this year( March , 2014), My recent I -94 end date goes good through until June , 2017 even though my VISA got expired on June , 2014. Catch is that my family is in India. I want to bring them here.

My company already applied COS to H1B this year but this did not picked up through the lottery process.
In this case, my company is planning to apply for me a fresh L1B VISA. I have below question here.

1. Should I apply the Brand new L1B VISA from here is US or Should I go to India and then do the brand new L1B ?
2. Let's say If i am going to apply from US, should I go to India for VISA interview and stuff ? or it can be done in US itself.
3. In both the cases, how the rejection rates would be considering the fact that I work for the same client for five years. ( 2 years at offshore + 3 years at US)

Could any one please advise on this ? My intention is bring my family & work here. Please suggest if you have any other ideas.

Thanks

P.S - My company did not apply the L1b extension for me since i got the valid I-94 until 2017.

1. You cant apply brand new L1B VISA while in US. A brand new visa can only be issued at a US consulate outside US. Yes, you can try to go to neighboring country such as Canada to get a new L1B visa.
2. Read above point.
3. It doesnt matter how long one has been with the client. It depends upon the documentation you can show to prove your specialized skill set and eligibility for extension of L1B.
4. I dont see a need for fresh L1B unless you are planning to travel outside US. As you got an I-94 till 2017 technically your family can go for a new L2 visa based on this.

Also, L1B is for max 5 Years, so even if you got a I-94 till 2017, you have to take care you dont stay more than 5 Years in US on L1B. You would need to plan to move to L1A or H1B.

This is my opinion not legal advice.

[mendax_r]

1. You cant apply brand new L1B VISA while in US. A brand new visa can only be issued at a US consulate outside US. Yes, you can try to go to neighboring country such as Canada to get a new L1B visa.
2. Read above point.
3. It doesnt matter how long one has been with the client. It depends upon the documentation you can show to prove your specialized skill set and eligibility for extension of L1B.
4. I dont see a need for fresh L1B unless you are planning to travel outside US. As you got an I-94 till 2017 technically your family can go for a new L2 visa based on this.

Also, L1B is for max 5 Years, so even if you got a I-94 till 2017, you have to take care you dont stay more than 5 Years in US on L1B. You would need to plan to move to L1A or H1B.

This is my opinion not legal advice.

Thank You so much for your reply. I got all the points.
I need more clarity on "family can go for L2 from India."
My wife has already got the L2 VISA which has the same expiration date as mine which is June , 2014.
In this case, could you please tell me the procedure that how to apply a new L2 visa with based on ONLY my recent updated I-94 ?

Thank You.

[raghvi]

The documentation would be similar to what they would do as if they were going for L2 . fill the DS-160 online one for each dependent, take your petition. I94, i129, latest pay stubs, marriage certificate/ birth certificate.

This is my opinion not legal advice.

[mendax_r]

The documentation would be similar to what they would do as if they were going for L2 . fill the DS-160 online one for each dependent, take your petition. I94, i129, latest pay stubs, marriage certificate/ birth certificate.

This is my opinion not legal advice.

Thank You , Expert.

Here is one more catch. My I-129 has also expired by June, 2014 along with my L1B VISA. ( Which has the same expiration date June , 2014 )
But my I-797 says "Petition valid Indefinitely".

In this case, I have the below Question.

1. Since my I-129 has also expired, Is it still possible for my dependents to get the L2 visa from India ?
2. On the side note, Is it okay to work in US with expired L1B & I-129 but with the valid I-94 ? ( I-797 says "Petition valid indefinitely" )

Please advise. Thanks.

[raghvi]

I believe its the I-94 which governs your status (again within the 5 Year limit). From the wording of below, it seems that your I-94 overrides the I-129S date.

If the expiration date on the granted Form I-94 ends before the validity period of the I-129S petition (as shown on the I-797 approval notice), one of the following must occur before the expiration date on the Form I-94 or as noted in the passport or travel document:

--A request for an extension of stay must be filed on behalf of the alien employee using Form I-129; or
--An application for some other immigration benefit that would allow the alien employee to remain in the United States must be filed; or
--The alien employee must depart the United States.

As your I-94 is beyond the I-129S date ,I believe it should be fine.

This is my opinion not legal advice.

[mendax_r]

I believe its the I-94 which governs your status (again within the 5 Year limit). From the wording of below, it seems that your I-94 overrides the I-129S date.

If the expiration date on the granted Form I-94 ends before the validity period of the I-129S petition (as shown on the I-797 approval notice), one of the following must occur before the expiration date on the Form I-94 or as noted in the passport or travel document:

--A request for an extension of stay must be filed on behalf of the alien employee using Form I-129; or
--An application for some other immigration benefit that would allow the alien employee to remain in the United States must be filed; or
--The alien employee must depart the United States.

As your I-94 is beyond the I-129S date ,I believe it should be fine.

This is my opinion not legal advice.

Thank You, Expert. I understand the wordings.

Implicitly, with the expired L1B VISA & I-129S but with the valid I-94 , one can work in US and with the same documents , the dependents can go for the L2 interview back in India. correct ?

Sorry to ask again.

Thanks

[raghvi]

Thank You, Expert. I understand the wordings.

Implicitly, with the expired L1B VISA & I-129S but with the valid I-94 , one can work in US and with the same documents , the dependents can go for the L2 interview back in India. correct ?

Sorry to ask again.

Thanks

Yes.

This is my opinion not legal advice.

[mendax_r]

Yes.

This is my opinion not legal advice.

Great. Thanks much for your help.