Renew L1 with same I129S

[smallox]

Dear members,

My I129S was approved for Sep/2014-Sep/2017, while L1B visa was approved for Sep/2014-Sep/2016.

My legal team told me that I could use same I129S to apply L1 visa extension. Can anyone help confirm:
- Will this same I129S work?
- If it will, extension will be granted for 1 year only?
- Do I have to go through the whole interview process again(online application DS160/book interview/consulate interview)?


Thanks & regards

[Libra_14]

- Will this same I129S work?
- Yes
- If it will, extension will be granted for 1 year only?
- Yes
- Do I have to go through the whole interview process again(online application DS160/book interview/consulate interview)?
- Yes, if you are out of USA. If you apply for renewal within USA, you won't need to go through interview until you stay here in USA.

[smallox]

- Will this same I129S work?
- Yes
- If it will, extension will be granted for 1 year only?
- Yes
- Do I have to go through the whole interview process again(online application DS160/book interview/consulate interview)?
- Yes, if you are out of USA. If you apply for renewal within USA, you won't need to go through interview until you stay here in USA.

Thanks Libra_14 for your prompt help.

Since I've just changed citizenship, I may travel overseas to get visa stamp on my new passport.

[Libra_14]

Thanks Libra_14 for your prompt help.

Since I've just changed citizenship, I may travel overseas to get visa stamp on my new passport.

All the very best, what do you mean by "Changed citizenship" ? you got US passport ?

[smallox]

All the very best, what do you mean by "Changed citizenship" ? you got US passport ?

Sorry for the late response.

I applied for L1 visa when I held chinese passport in 2014, then have been working in US since end of 2014.
Last July, my australian citizenship application was approved finally, however visa stamp is still on chinese passport.

I am planning to get visa stamp on australian passport when travelling overseas in this July using same I-129S - per our legal advice.

A trivial question: which passport should I use for exit?

[Libra_14]

Sorry for the late response.

I applied for L1 visa when I held chinese passport in 2014, then have been working in US since end of 2014.
Last July, my australian citizenship application was approved finally, however visa stamp is still on chinese passport.

I am planning to get visa stamp on australian passport when travelling overseas in this July using same I-129S - per our legal advice.

A trivial question: which passport should I use for exit?

The one you used for entry

[smallox]

The one you used for entry

thanks again. My chinese passport will receive cancellation stamp when applying for china Visa, so I should carry both passports to exit US custom, right?

[raghvi]

thanks again. My chinese passport will receive cancellation stamp when applying for china Visa, so I should carry both passports to exit US custom, right?

The last time I heard, China does not allow dual citizenship, so if you acquired another citizenship while holding Chinese citizenship, you lose Chinese citizenship and the passport would be invalid too. I dont know if you need to surrender the Chinese passport at local Chinese consulate or not, check China citizenship rules. I would say you need to carry both passports while exiting US.

This is my opinion not legal advice.

[Libra_14]

The USA entry system won't recognize you, if you use other passport to exit. Hence you'll need to let them know that the Chinese person you entered before sometime is going out of USA today.

You need to carry both passports & come back using your new Australian passport.

[smallox]

The last time I heard, China does not allow dual citizenship, so if you acquired another citizenship while holding Chinese citizenship, you lose Chinese citizenship and the passport would be invalid too. I dont know if you need to surrender the Chinese passport at local Chinese consulate or not, check China citizenship rules. I would say you need to carry both passports while exiting US.

This is my opinion not legal advice.

Thanks. That's true - china doesn't allow dual citizenship, but I can keep chinese passport with cancellation stamp on it.

- - - Updated - - -

The USA entry system won't recognize you, if you use other passport to exit. Hence you'll need to let them know that the Chinese person you entered before sometime is going out of USA today.

You need to carry both passports & come back using your new Australian passport.

I'll carry both passports. much appreciated.

[Libra_14]

Thanks. That's true - china doesn't allow dual citizenship, but I can keep chinese passport with cancellation stamp on it.

I'll carry both passports. much appreciated.

Great, all the very best. Once you return, please share your experience for the sake of helping others.

[smallox]

Great, all the very best. Once you return, please share your experience for the sake of helping others.

Just came back 1 weeks ago, and allow me share my experience:

- Enter/Exit with 2 different passports(2 different country; old passport was cancelled): no problem. Airline only needed a valid passport, hence I showed them the new passport. My I-94 of old passport shows the exact exit date, most likely name and DOB was used for matching.

- Visa restamp on new passport using same I-129S: Consulate asked a few questions, then stamped on my new passport right away. Because same blanket was verified before, no anti-fraud fee was paid this time. Had to pay the interview fee and visa issuance fee.

- My I-129S was approved with expiration date 2017/09, however new visa is issued with expiration date 2021. I don't know which one prevails.