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Hi ,
Me and wife were staying in USA from 2011 to 2014 on L1 and L2 respectively ,Her I94 was expiring in 2013 Dec and mine was valid until 2016.
My company filed for my extension in error and I129 extension was rejected and she traveled back immediately.I stayed back in the US as my I94 was valid.
Company re-filed for my L1A amendment and this time I-129 was approved .We are now planning to apply for L2 based on my approved petition.
The last visa on my wife's passport(L2 ) has a expiry date of Oct 2013(still with in 12 months.),but I am not sure if she qualifies for visa interview waiver program in India
considering her earlier rejection as that is one of the items in the visa waiver checklist.
Does her earlier rejection technically qualifies as rejection of visa as it was rejection for extension to stay?
Eligibility Criteria for all applicants except child below 14 years and applicant above 80 years of age:
My most recent visa was issued in India
I received my visa after January 1, 2008
My prior visa is not annotated “Clearance Received” or “Department Authorization”.
My most recent visa (in the same class for which I am applying) was not lost or stolen.
My most recent visa (in the same class for which I am applying) was issued on or after my 14th birthday
I have no refusals for a visa in any category after my most recent visa issuance
I have a previous U.S. visa in the same class as the visa for which I wish to renew;
If I am applying for a B1/B2, C1D, or J visa, my prior visa in the same classification is still valid or expired within the last 48 months;OR
If I am applying for an F/M/J visa, my prior visa in the same classification and same Academic Institution is still valid or expired within the last 48 months; Note: F/M visa interview applicants must submit their original I-20 form and J visa interview waiver applicants must submit their original DS-2019 form along with their passport.
If I am applying for an H or L (individual) visa, my prior visa in the same classification with the same petitioner is still valid or expired within the last 12 months. Note: Blanket L1 visa applicants do not qualify,but Blanket L2 spouses are eligible.
Please let me know if this can be a deterrent in this situation?
Thanks,
Roj
Me and wife were staying in USA from 2011 to 2014 on L1 and L2 respectively ,Her I94 was expiring in 2013 Dec and mine was valid until 2016.
My company filed for my extension in error and I129 extension was rejected and she traveled back immediately.I stayed back in the US as my I94 was valid.
Company re-filed for my L1A amendment and this time I-129 was approved .We are now planning to apply for L2 based on my approved petition.
The last visa on my wife's passport(L2 ) has a expiry date of Oct 2013(still with in 12 months.),but I am not sure if she qualifies for visa interview waiver program in India
considering her earlier rejection as that is one of the items in the visa waiver checklist.
Does her earlier rejection technically qualifies as rejection of visa as it was rejection for extension to stay?
Eligibility Criteria for all applicants except child below 14 years and applicant above 80 years of age:
My most recent visa was issued in India
I received my visa after January 1, 2008
My prior visa is not annotated “Clearance Received” or “Department Authorization”.
My most recent visa (in the same class for which I am applying) was not lost or stolen.
My most recent visa (in the same class for which I am applying) was issued on or after my 14th birthday
I have no refusals for a visa in any category after my most recent visa issuance
I have a previous U.S. visa in the same class as the visa for which I wish to renew;
If I am applying for a B1/B2, C1D, or J visa, my prior visa in the same classification is still valid or expired within the last 48 months;OR
If I am applying for an F/M/J visa, my prior visa in the same classification and same Academic Institution is still valid or expired within the last 48 months; Note: F/M visa interview applicants must submit their original I-20 form and J visa interview waiver applicants must submit their original DS-2019 form along with their passport.
If I am applying for an H or L (individual) visa, my prior visa in the same classification with the same petitioner is still valid or expired within the last 12 months. Note: Blanket L1 visa applicants do not qualify,but Blanket L2 spouses are eligible.
Please let me know if this can be a deterrent in this situation?
Thanks,
Roj
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