L1 interview

[aspiration]

Hi,

I have a B1visa valid for 10yrs. I got my B1 visa on Nov-2005. But i din make use of it. Now my employer has applied L1 visa for me.

1) Will i have problem in getting L1 visa, as i havent made use of B1 visa.
2) As i attended interview for my B1 visa last year, do i need to attend interview for L1 visa also.

Eagerly waiting for your response.

Thanks and Regards
A.SathishKumar

[curiousone]

1. Having the B Visa does not affect you.

2. If you're outside the US, yes you must attend an L Visa interview

[aspiration]

L1

Hi,

Thanks for your reply.

>>If you're outside the US, yes you must attend an L Visa interview
Does this mean, if i travel with B1 visa to US and apply/file L1 from there, its not necessary for me to come back to India for interview.

Thanks

[curiousone]

Right........

You can change status in the US. getting a Visa is a 2 part process.

Application and approval from USCIS

Visa from Consulate

When you chnage sttaus here you'll get an pproval which is no mor ethan a piece of paper which give you all the benefits...


however once you leav ethe US , while in that status, You MUST go the consulate with thta pproval and have a visa stamped in your passport befor eyou can reenter in that status.

[jeganz]

I am not sure that you can apply for a L1 visa when you are inside US by a B1 visa. But I would like to put my points which I feel might help you.

B1 visa is only meant for business. During B1 visa interview, you might have convinced the consulate officer that you would only involve in business discussions and that you would not WORK.

Now, if you are inside US in a B1 visa and applying for a L1 visa which is meant for working, they may doubt about your current stay that you may be working in US using your B1 visa. (As far as US rules, the granted visa should be used only for the purpose it was granted. If you are granted a B1 visa, you should not be working in US)

To avoid such unwanted questions, it is better to come back to India and then apply for a L1 visa. I got my B1 visa for 10 years during December 2005 but I didn't travel to US in my B1 visa. (I have already travelled to US on a L1 visa). Now, in June 2006, I attended a L1 visa interview and have got it for 3 years.

To my knowledge, if you have travelled on your B1 visa and returned back to India to attend the L1 visa, you can convince the consulate officer saying that your business discussions are over and now you need to WORK. Since you can't work in a B1 visa, you have returned and now applying for L1 visa. This could be a convincing answer for the consulate officer rather than applying directly from US.

Hope this helps.

Jeganz

---- Not a legal advice

[curiousone]

I might have misunderstood your question.......
has the employer already filed the I-29 petition? If he has.......I'm not sure how that works but if he hasnt as yet....The L Visa CAN be applied for while you're in the US. Remember, you will not be the petitioner but rather the company who seeks to transfer you. The B Visa allows you , for example, to attend a brief training program, or to say , for example , the overseas company wanted to start up a new branch/subsidiary, come here and do the preliminary work...secure a building, business plans etc. etc............it is a BUSINESS Visa , it just does not allow you to accept paid employment while in the US. There are tons of people in the US with L approval who changed to L from another status, you just need to be in sattus when the comapny files the I-29

[suren_g_37]

hello ,
i came here on B1 and then applied for L1 and got one. Now i m planning to go to india in december. but i am told its risky. wat shall i do. more over i am told that i will need to reapply for L1 petition. Now i am in fix as total expense was around 2500 $ (inclusive of attorney fees) to my employer. am i suppose to just pay 4600 for visa and 2200 for some non refundable fees or also pay for hefty L1 petition fees. more over can assure myself i can get visa stamped?? please suggest guys .. i am in total fix. i cannot leave US before i am sure i will be able to return to us.. Moreover i need to go to india as i am getting married in December..

[curiousone]

Suren,
post your questions under a new post......its easier to answer that way..........

[suren_g_37]

no one replied to my new post on that... :-(
thanks

[curiousone]

hello ,
i came here on B1 and then applied for L1 and got one. Now i m planning to go to india in december. but i am told its risky. wat shall i do. more over i am told that i will need to reapply for L1 petition. Now i am in fix as total expense was around 2500 $ (inclusive of attorney fees) to my employer. am i suppose to just pay 4600 for visa and 2200 for some non refundable fees or also pay for hefty L1 petition fees. more over can assure myself i can get visa stamped?? please suggest guys .. i am in total fix. i cannot leave US before i am sure i will be able to return to us.. Moreover i need to go to india as i am getting married in December..

I dont know if there is a special risk associated with interviewing in India...because I'm not familiar with the Consulate sthere but..

1. No one can assure/guarantee you before you leave that you that you will get the L Visa stamped in India. That will be entirely up to what documentation you submit nad the CO who interviews you. If you still hav eyour B Visa and you get the L , it will remian intact. If for some reason youre denied, they will cancel your B VisaThat is one of the advantage that Consualr processing has over chnaging status in the US: you already have that stamp before your first entry into the US and so dont have to worry about it.....

2. If you do leave then you WILL have to go the Consulate for the stamp before you can reenter. But if your documentation is in order, then you should get it...........perhaps your fears are not so reasonable............

3. As for the Visa fees........they are what they are...........you wnat the Visa, you pay the fees, its that simple

[suren_g_37]

@ curiousone

Thanks a lot.
I dont mind paying the 4600 + 2200 fees required for Visa , but i am not sure whether i (Employer) need to pay L1 petition fees (approx 1760 $ as per the receipt i have ).
About being in doubt getting Visa stamped , i have been told by my attorney that it will be risky.
any way thanks a lot again.