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  • L1A Petition expiring

    My L1A is valid till Jan 2017 however it has a PED (Petition End Date) on it as July 31, 2015 and my I-94 has the same July 31, 2015.

    Query: So what needs to be done? Is petition need to be renewed? Is it a process like Visa filing or Visa extension or just an application form the employer?

    Need some guidance...as my employer and its' attorney are thinking its' a big deal and need to review all visa papers and everything...and decide whether to file a PERM or renew it or change it. One of the suggestions they provided was to apply for L1B and then file I-485, which I don't see a point in proceeding with. As of now, I want more stay on current L1A visa which is valid till Jan, 2017.

    Thanks

  • #2
    Originally posted by NaveenAgr View Post
    My L1A is valid till Jan 2017 however it has a PED (Petition End Date) on it as July 31, 2015 and my I-94 has the same July 31, 2015.

    Query: So what needs to be done? Is petition need to be renewed? Is it a process like Visa filing or Visa extension or just an application form the employer?

    Need some guidance...as my employer and its' attorney are thinking its' a big deal and need to review all visa papers and everything...and decide whether to file a PERM or renew it or change it. One of the suggestions they provided was to apply for L1B and then file I-485, which I don't see a point in proceeding with. As of now, I want more stay on current L1A visa which is valid till Jan, 2017.

    Thanks
    L1B, L1A, PERM are different things. I do agree with the attorney that it certainly is a big deal because in the past few years its been increasingly difficult to get a L1 petition extension, and scrutiny is high for L1 visa extension cases. But, if your employer's attorney is confused between these then probably its time you take an independent opinion too.
    What your employer needs to file is a new I129 requesting for extension of the existing petition. As this involves re furnishing all the evidence supporting the L1 visa, the documentation is generally more than what you provided when you went for your initial L1A hence the complication.

    Though it is always a good idea to start PERM as soon as possible if the intent is to stay long in US but with only 5 Months remaining in I-94 expiry, I dont see how filing PERM alone at this stage would help you in staying beyond July 2015.

    This is my opinion not legal advice.

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