Entering USA with L1A VISA

[vekram]

Hi All

I have a friend who is in a specific situation which is a bit tricky.

She was in USA on L1A VISA. And she completed 6 years in US. During her 7th year extension, she applied the VISA from India and she got a 3-Year VISA again. This means that though she could legally stay for ONLY 1 more year (as L1A allows only MAX 7 years in USA), she got 3 year VISA again.
However, she left the US before completion of her 7th year. And hence she was always in a legal status in US.
Now, she has completed 1 full year outside USA in managerial capacity for the same company.
Question is -

1. Can she re-enter USA on the SAME L1A VISA which she got earlier when she was in USA? (Because there is still good enough time remaining on that VISA and her underlying petition is still valid)

2. Will there be a problem at the port of entry in USA if she uses the previously issued VISA? (She is coming on manager capacity for the same role, same project, same client as she was earlier)

3. Should she file a NEW L1A VISA instead? (and not use previously issued VISA even though it is valid)

4. If there is no problem at port of entry, could it lead to any subsequent issues when she applies for her Green Card EB1C application from US?

Your help is much appreciated. Her family is in USA as her husband is on H1 VISA (His Green Card under processing with approved I-140) and kids study in US. So, she has an option to come on H4 as well but that would essentially lead to H4 EAD process and then get in the danger zone of losing job if Mr. Trump demolishes H4 EAD.





Thanks
Vekram

[sdiva]

She will need a new L1 visa. Remember, this visa is based on a specific profile and job responsibilities. Also, since there is a break of 1 year, she will have issues in convincing the immigration at airport on why she was not in the US during the visa tenure. That would mean her job or profile is not relevant to be there in US. She will be denied entry.

[Anand KR]

Ask her to see what the end date is on !-129S. Visa end date has no meaning.. the employment will be governed by the end date in I-129S or visa / I - 94, whichever is earlier. As long as she has validity left as per the earliest date she can enter. My personal experience.
Cheers
Anand

[Libra_14]

1. Can she re-enter USA on the SAME L1A VISA which she got earlier when she was in USA? (Because there is still good enough time remaining on that VISA and her underlying petition is still valid)

She can use it, but then she will be able to work only for the remaining period (i.e. 7 yrs - time already spent on L1a) & will have to go out for another 1 year for a new visa.

2. Will there be a problem at the port of entry in USA if she uses the previously issued VISA? (She is coming on manager capacity for the same role, same project, same client as she was earlier)

No, she might face some questions, but she can say that her foreign branch needed her there & she was on payroll full time during that period.

3. Should she file a NEW L1A VISA instead? (and not use previously issued VISA even though it is valid)

New L1A will be best bet for her.

4. If there is no problem at port of entry, could it lead to any subsequent issues when she applies for her Green Card EB1C application from US?

No, if all things are in place - she won't have any problem at all.