L1 expiring. Travel to India.

[Ajayesh]

Hello
My L1 visa is expiring on 09/10. I have already filed for extension but still waiting for confirmation. Dur to some emergency, I need to send my wife to India by this month end(on L2 and I have requested for her visa extension as well)

1) Is there any issue in sending her to India? What are the risks?
2) Is her not being in US at the time of petition processing a problem?

Thanks in advance.

[nish1234]

Yes, there is issue ...

1. As your visa expires on September 10th, she can only come back once her passport is stamped with a new visa. She would be stuck in India until you get your approved petition. Once petition is approved, you would have to take visa appointment at US consulate in India and get her passport stamped. Unless untill her passport is stamped with new visa, she can't come back.

2)She doesn't need to be in USA at the time of visa processing.

** This is as per my understanding as I also ran into same issue. You can continue staying in USA as long as as your extension is filed But the moment you go back to India, you can't come back on expired visa. You have to get it stamped with extended timeframe ....

[Ajayesh]

Thanks a lot for your quick reply.

**** **** **** *
"1. As your visa expires on September 10th, she can only come back once her passport is stamped with a new visa. She would be stuck in India until you get your approved petition. Once petition is approved, you would have to take visa appointment at US consulate in India and get her passport stamped. Unless until her passport is stamped with new visa, she can't come back."
**** **** **** *
Yes I was aware that would be the case. What I had intended to ask was -

a) If there was no legal issue while travelling while the petition is under process? I had heard somewhere that traveling while petition is under processing is not recommended.

b) My plan is to stay back for petition to be approved while sending my family to India earlier. And then when everything is approved, I will join my wife back in India and get the stamping done. Do you see any issues with this?

Thanks again for your help!

[txh1b]

1. No issues. She has to wait till the L1 extension goes through to attend for the L2 visa.
2. Not an issue if she is ready to wait outside the US until the process is done. She can also return before 9/10 and still be okay. Read cloning posts on the forum.

[Ajayesh]

Thanks a ton for the prompt replies.