L1 Visa extension while away from US

[arunc]

Hi Team,

Greetings of the day....& Thanks much in advance.

My L1-A visa is expiring in June-2014. My spouse and kid also got the same expiry date. And I've got 2 more year's left on my Visa.

Questions

1. Can we apply for a L1 / L2 Visa extension while we're (L1 & L2 visa holders) outside of US...?
(Typically, My firm starts processing the extension 2 months prior to the expiry, however, we've got a situation to be @ Home country during that period)

2. If I stay back (L1-A holder) @ US, while I'm doing my Visa extension, is it LEGAL to apply extension for my Spouse and kid (L2) even if they are away from US.

3. If 'Yes' is the answer for 2, is there anything that I need to be aware of, from the visa-extension perspective.

Thanks again.
Arun

[raghvi]

Hi Team,

Greetings of the day....& Thanks much in advance.

My L1-A visa is expiring in June-2014. My spouse and kid also got the same expiry date. And I've got 2 more year's left on my Visa.

Questions

1. Can we apply for a L1 / L2 Visa extension while we're (L1 & L2 visa holders) outside of US...?
(Typically, My firm starts processing the extension 2 months prior to the expiry, however, we've got a situation to be @ Home country during that period)

2. If I stay back (L1-A holder) @ US, while I'm doing my Visa extension, is it LEGAL to apply extension for my Spouse and kid (L2) even if they are away from US.

3. If 'Yes' is the answer for 2, is there anything that I need to be aware of, from the visa-extension perspective.

Thanks again.
Arun

June 2014 or June 2015?

When you say you got 2 More years left , does it mean that you can potentially request USCIS for a 2 year extension from June 2015 till June 2017 as you have already spent 5 Years in L1A status?

Where would you be when extension is applied in April 2015? Where would family be in April 2015?

Visa extension, petition extension, and stay extension are three different things.

1. If you are in US at the time of extension application then what your company can apply is petition extension and stay extension, if approved, you would get a new I129S, i797 with lower half as new I-94, and it would mean you can stay and work till new I-94 date, but it also means that as and when you got out of US, after June 2015, you would have to use the extended petition, to get a new visa stamped in passport.
2. If your dependents are outside US, and their visas in passport is expired, they will have to attend new L2 visa stamping , using the documents in step 1 above, along with other docs for L2 .

This is my opinion not legal advice.

[arunc]

June 2014 or June 2015?

When you say you got 2 More years left , does it mean that you can potentially request USCIS for a 2 year extension from June 2015 till June 2017 as you have already spent 5 Years in L1A status?

Where would you be when extension is applied in April 2015? Where would family be in April 2015?

Visa extension, petition extension, and stay extension are three different things.

1. If you are in US at the time of extension application then what your company can apply is petition extension and stay extension, if approved, you would get a new I129S, i797 with lower half as new I-94, and it would mean you can stay and work till new I-94 date, but it also means that as and when you got out of US, after June 2015, you would have to use the extended petition, to get a new visa stamped in passport.
2. If your dependents are outside US, and their visas in passport is expired, they will have to attend new L2 visa stamping , using the documents in step 1 above, along with other docs for L2 .

This is my opinion not legal advice.

**** **** **** ***

1. Yes, My firm can potentially request USCIS for a 2 year extension from June 2015 till June 2017 .

2. Myself, I'll be in US during April'2015, however....my Family might be in India around April'2015.

Question.

1. Is it possible to have a stay / petition extension for my Family for their L2 visa while they are outside US...?

2. What is the difference between Visa extension and petition extension...?

Thanks in advance for your time.

Regards,
Arun

[raghvi]

**** **** **** ***

1. Yes, My firm can potentially request USCIS for a 2 year extension from June 2015 till June 2017 .

2. Myself, I'll be in US during April'2015, however....my Family might be in India around April'2015.

Question.

1. Is it possible to have a stay / petition extension for my Family for their L2 visa while they are outside US...?

2. What is the difference between Visa extension and petition extension...?

Thanks in advance for your time.

Regards,
Arun

When is your family planning to come back?

[arunc]

When is your family planning to come back?

HI Team / Raghvi,

Thanks in advance.

My family is planning to come back around Aug'2015. The current visa is valid only till July '2015.

Regards,
Arun

[raghvi]

Then they need to attend a new visa stamping by filling DS-160 online using your latest I129s, I797 and associated I-94, one for each.

They may be eligible for interview waiver/drop box facility.

This is my opinion not legal advice.