L1B Renewal - approved but with only 6 months validity

[kent_moore]

Hi all.

My initial L1B visa was approved Sept 9, 2014 but entered the US in January 2015. I got it renewed after 2 years.

Last September 2018, we filed for another extension but this time wasn't easy as I received RFE. My RFE was received by USCIS on December 11, 2018. Today, I have received Notice of Action today from our HR, it is i-797c that says received Dec 11, 2018 and valid through May 11, 2019. That's only 6 months when it should be January 2020 plus I had 3 months outside the US while under L1B visa so I expect the extension would be April 2020.

I asked this question to my lawyer but he's out of office already. Does anybody know or experienced being approved of 6 months?

Thank you!

[Libra_14]

Hi all.

My initial L1B visa was approved Sept 9, 2014 but entered the US in January 2015. I got it renewed after 2 years.

Last September 2018, we filed for another extension but this time wasn't easy as I received RFE. My RFE was received by USCIS on December 11, 2018. Today, I have received Notice of Action today from our HR, it is i-797c that says received Dec 11, 2018 and valid through May 11, 2019. That's only 6 months when it should be January 2020 plus I had 3 months outside the US while under L1B visa so I expect the extension would be April 2020.

I asked this question to my lawyer but he's out of office already. Does anybody know or experienced being approved of 6 months?

Thank you!

I've seen approval for even couple of months. Its normal.

You/your attorney was not able to fully justify your organization's need of having you in USA for that project - hence this validity.

[kent_moore]

I've seen approval for even couple of months. Its normal.

You/your attorney was not able to fully justify your organization's need of having you in USA for that project - hence this validity.

Thanks Libra. Understood. Though what worries me is that my USCIS online status haven't changed, it still shows "Request for Additional Evidence Was Mailed" nothing mentioned about my RFE whether it is under review or received. They received the RFE on Dec 4 (based on the tracking number), then they sent me the NOA letter on Dec 11. Do you think USCIS can review the RFE for less than 5 business days? But still, RFE should reflect on my USCIS status.

[kent_moore]

Update: I realized that the form I received was i797C with a notice type: Approval Notice. Then below it is a a validity period which is the 6 months I mentioned. There's no i-94 in it. Actually, it was sent to my employer and my employer just forwarded it to me.

So I'm guessing, the validity stated in i797C is not final until I receive the i797A with i-94. is that a correct assumption?

Thank you!

Hi all.

My initial L1B visa was approved Sept 9, 2014 but entered the US in January 2015. I got it renewed after 2 years.

Last September 2018, we filed for another extension but this time wasn't easy as I received RFE. My RFE was received by USCIS on December 11, 2018. Today, I have received Notice of Action today from our HR, it is i-797c that says received Dec 11, 2018 and valid through May 11, 2019. That's only 6 months when it should be January 2020 plus I had 3 months outside the US while under L1B visa so I expect the extension would be April 2020.

I asked this question to my lawyer but he's out of office already. Does anybody know or experienced being approved of 6 months?

Thank you!

[Libra_14]

Update: I realized that the form I received was i797C with a notice type: Approval Notice. Then below it is a a validity period which is the 6 months I mentioned. There's no i-94 in it. Actually, it was sent to my employer and my employer just forwarded it to me.

So I'm guessing, the validity stated in i797C is not final until I receive the i797A with i-94. is that a correct assumption?

Thank you!

That's correct. I797C is for employer only, you'll get your I797A along with your updated I94 in sometime. I797C & I797A will have exact same information, infact I797C is a copy of I797A.

You can also check your I94 status online.

Somehow the USCIS sites are really not up-to-date. Even for visa also the status doesn't change but peoples have gotten their visa in their hand.

[kent_moore]

I797C & I797A will have exact same information, infact I797C is a copy of I797A.

Hi Libra, so the validity of i797A will also be 6 months?

I was expecting that if this renewal gets approved, it should have a validity of one year plus another 4 months of recapture.

[Libra_14]

So the validity of i797A will also be 6 months?

Its bad, but truth.

I was expecting that if this renewal gets approved, it should have a validity of one year plus another 4 months of recapture.

I would say you are lucky to get approval, now-a-days peoples even not getting approval.

https://workpermit.com/news/trump-us-l1-visa-rejection-rates-reach-70-indians-hit-20180514

The recapture you can do only on your last renewal, by proving that you did not utilized your total 5 years of job in USA. Right now the question is about your worthfulness of having this specialized skill job. Remember L1B is very risky right now.

[kent_moore]

Its bad, but truth.


I would say you are lucky to get approval, now-a-days peoples even not getting approval.

https://workpermit.com/news/trump-us-l1-visa-rejection-rates-reach-70-indians-hit-20180514

The recapture you can do only on your last renewal, by proving that you did not utilized your total 5 years of job in USA. Right now the question is about your worthfulness of having this specialized skill job. Remember L1B is very risky right now.

Thanks again Libra.

What bothers me right now is when my HR told me that there are certain number of times L1B visa can be extended. I need to verify this with my lawyer. In USCIS, it says, the visa is renewable in up to 2 years incremental for a maximum of 5 years. But it didn't mention how many times you can renew it.

I have option to change my status to H1B but I wasn't selected in last year's lottery so I don't really want to bet on that.

So if I can't renew my L1B anymore for the 3rd time and my only option is to COS to H1B, then I may need to pack my bags and leave US.

My PERM is is still far-fetched. We're still on the recruitment process. Do you think my green card application can still progress even if I'm no longer employed in the company?

[Libra_14]

Thanks again Libra.

What bothers me right now is when my HR told me that there are certain number of times L1B visa can be extended. I need to verify this with my lawyer. In USCIS, it says, the visa is renewable in up to 2 years incremental for a maximum of 5 years. But it didn't mention how many times you can renew it.

I have option to change my status to H1B but I wasn't selected in last year's lottery so I don't really want to bet on that.

So if I can't renew my L1B anymore for the 3rd time and my only option is to COS to H1B, then I may need to pack my bags and leave US.

My PERM is is still far-fetched. We're still on the recruitment process. Do you think my green card application can still progress even if I'm no longer employed in the company?

You can renew your petition multiple times (no limit on that), but for a maximum of 5 years, after 5 years go back to your home country & file for another L1B after sometime.

Green Card is a immigrant petition for future employment, it can still continue after you leave the country. But you won't be able to do COS from non-immigrant to immigrant i.e. you'll need to get your green card in your home country first & then visit USA.

Hope this helps.

[kent_moore]

It's been 3 days since I received the soft copy of my i797A that says my case was approved but in USCIS website, it still shows "Request for Additional Evidence Was Mailed". The RFE package was delivered 2 weeks ago!

It should atleast reflect something like "Response to USCIS’ Request for Evidence Was Received" or "RFE received, under review".

I'm very desperate and paranoid, it seems like the RFE i submitted was not reviewed but they gave me an approval notice?

In USCIS, it says, the status should update within the business day if there's change in the activities. Below is the clause:

"How often is the case status information on this site updated?
The case status information on this site is updated regularly throughout the business day. If any action is taken regarding your case, the change will be reflected on this site within a few minutes of the action-taking place."

Does this happen to anybody?