L1B VISA expired. Working in US based on I-94 - Ways to apply other types of VISA.

[mendax_r]

Hi There,

Actually, I came to USA on L1B VISA on June-2011 and the expiry date of my L1B -VISA was on May-2014.
During the month of Feb,2014 , I went for a vacation to India and while coming back, the I-94 date got extended to until March-2017.

In this situation, Both last year (2014) and this year (2015) , My company applied for the COS ( from L1b to H1b ) but did not get picked up by lottery.

I need a vacation to India for a month , desperately for a family situation.
Is there any way that I could get a work VISA ? So that I can go to India for a vacation and come back to USA for the work.

One more question, Without GC, what is the maximum number of years one can stay in USA on L1B VISA.

Thank You.

[raghvi]

Hi There,

Actually, I came to USA on L1B VISA on June-2011 and the expiry date of my L1B -VISA was on May-2014.
During the month of Feb,2014 , I went for a vacation to India and while coming back, the I-94 date got extended to until March-2017.

In this situation, Both last year (2014) and this year (2015) , My company applied for the COS ( from L1b to H1b ) but did not get picked up by lottery.

I need a vacation to India for a month , desperately for a family situation.
Is there any way that I could get a work VISA ? So that I can go to India for a vacation and come back to USA for the work.

One more question, Without GC, what is the maximum number of years one can stay in USA on L1B VISA.

Thank You.

There is no easy way. If you leave US , you would need new visa stamping to return.
With or without GC applied max you can stay is 5 Years on L1B continously.

This is my opinion not legal advice.

[mendax_r]

There is no easy way. If you leave US , you would need new visa stamping to return.
With or without GC applied max you can stay is 5 Years on L1B continously.

This is my opinion not legal advice.

Thank You , Raghvi.

Could you please tell me if my company initiate the L1A for me ? Will that work ?
Is it okay to apply it from here in USA ?
What are all the possible rejection rates ?
If rejected , Can I still continue with my I-94 or should I leave the country ?

Thank You.

[raghvi]

Thank You , Raghvi.

Could you please tell me if my company initiate the L1A for me ? Will that work ?
Is it okay to apply it from here in USA ?
What are all the possible rejection rates ?
If rejected , Can I still continue with my I-94 or should I leave the country ?

Thank You.

Applying for L1A would not help you in avoiding a stamping. If your current aim is to go out of US on vacation and return without a new visa stamping , merely applying L1A would not work. You leave US, you have to get yourself a new visa in order to return, the new visa could be L1B, L1A, H1B etc.

If your intention is to stay beyond 5 Year limitation, yes, applying L1A is an option, but you go to understand that for L1A, you first need to be performing L1A managerial/executive roles, you would need to get a promotion/role change, if you have already got that, one common query USCIS raises is why wasn't L1B to L1A applied as soon as promotion was granted. Also, there are criteria around salary. So evaluate with your employer and their legal team the option of L1A. Also, its advisable to file L1B to L1A 6 Months before L1B 5 Year expiry , so you have to calculate at what point of time your actual 5 Year presence in L1B status completes.

Rejection/success would depend upon you and your employer being able to prove L1A role and provide enough documentation supporting the claim. Its difficult but certainly doable if indeed you do qualify.

If rejected, you can continue till Max 5 Years L1B tenure completes.

This is my opinion not legal advice.

[mendax_r]

Applying for L1A would not help you in avoiding a stamping. If your current aim is to go out of US on vacation and return without a new visa stamping , merely applying L1A would not work. You leave US, you have to get yourself a new visa in order to return, the new visa could be L1B, L1A, H1B etc.

If your intention is to stay beyond 5 Year limitation, yes, applying L1A is an option, but you go to understand that for L1A, you first need to be performing L1A managerial/executive roles, you would need to get a promotion/role change, if you have already got that, one common query USCIS raises is why wasn't L1B to L1A applied as soon as promotion was granted. Also, there are criteria around salary. So evaluate with your employer and their legal team the option of L1A. Also, its advisable to file L1B to L1A 6 Months before L1B 5 Year expiry , so you have to calculate at what point of time your actual 5 Year presence in L1B status completes.

Rejection/success would depend upon you and your employer being able to prove L1A role and provide enough documentation supporting the claim. Its difficult but certainly doable if indeed you do qualify.

If rejected, you can continue till Max 5 Years L1B tenure completes.

This is my opinion not legal advice.

Thank You , Raghvi for clarifying the questions.

I have got three more questions as well. Could you please help me in clarify these questions as well ?

Can I apply the L1A , while I am here at Onsite ? Even if it is rejected , Can I stay here until I reach the max of 5 years of L1B.

FYI. Currently, the only document that I have in my hand is my I-94. My L1B VISA got expired , already.
With this I-94 alone, Can I apply the L1A ?

What if I go back to India and apply a new L1B VISA ? Will they grant 3 more years or just one year.
( Because, already I have completed four years in L1B in Onsite ) Chances of getting L1B is more or less ?
Please advise.

Thank You.

[mendax_r]

Thank You , Raghvi for clarifying the questions.

I have got three more questions as well. Could you please help me in clarify these questions as well ?

Can I apply the L1A , while I am here at Onsite ? Even if it is rejected , Can I stay here until I reach the max of 5 years of L1B.

FYI. Currently, the only document that I have in my hand is my I-94. My L1B VISA got expired , already.
With this I-94 alone, Can I apply the L1A ?

What if I go back to India and apply a new L1B VISA ? Will they grant 3 more years or just one year.
( Because, already I have completed four years in L1B in Onsite ) Chances of getting L1B is more or less ?
Please advise.

Thank You.

Hello Raghvi,

Could you please help me in clarifying the questions ? Much appreciated. Thank You.

[raghvi]

Hello Raghvi,

Could you please help me in clarifying the questions ? Much appreciated. Thank You.

1. Yes you can apply while in US. If rejected, you cna stay till I-94 unless otherwise exclusively mentioned in the denial notice.
2. With with valid I-94 alone the L1b to L1A can be applied.
3. If you go out of US and re apply the L1B within 1 Year and on the same petition you would get only one additional year. For fresh 3 Years, you need to stay out for 365 Days, get a new petition and attend new visa interview.

This is my opinion not legal advice.