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L1A Individual in Progress, is that legally allowed to Travel to US in B1 for 6 weeks

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  • L1A Individual in Progress, is that legally allowed to Travel to US in B1 for 6 weeks

    Hi someone help will be appreciated.

    Two Questions,

    1. Employer Processing L1A Individual Visa still with attorney not yet case is ready. However due to important assignments and meetings there is a need for me to travel for 6 weeks, is that legally allowed to travel during this L1A individual processing period, will this be an impact when USCIS review my case for approval (or) during VO stamping interview in chennai. (To highlight already i travelled to US for 4 weeks in 2016 & 2018 October).

    2. If allowed from first question to travel then, if all goes well assume uscis approved the petition then can i go to US consulate office directly for stamping in mexico without coming to india, just imagine i already in US for 5 weeks where i traveled for other purpose and now im also going to mexico for stamping. !!! ---- Is that allowed as i traveled to US for other purpose now im coming out of US and going to Mexico for the visa stamping? Thanks in advance.

  • #2
    Originally posted by sairam@1 View Post
    1. Employer Processing L1A Individual Visa still with attorney not yet case is ready. However due to important assignments and meetings there is a need for me to travel for 6 weeks, is that legally allowed to travel during this L1A individual processing period, will this be an impact when USCIS review my case for approval (or) during VO stamping interview in chennai. (To highlight already i travelled to US for 4 weeks in 2016 & 2018 October).
    It is allowed legally, however better to reach US before your petition is submitted to USCIS.

    Understand that by submitting your L1 petition to USCIS, you will be showing your intent to stay in USA for long term & CBP officer can treat you that you are misusing your B1 visa.
    Originally posted by sairam@1 View Post
    2. If allowed from first question to travel then, if all goes well assume uscis approved the petition then can i go to US consulate office directly for stamping in mexico without coming to india, just imagine i already in US for 5 weeks where i traveled for other purpose and now im also going to mexico for stamping. !!! ---- Is that allowed as i traveled to US for other purpose now im coming out of US and going to Mexico for the visa stamping? Thanks in advance.
    Yes, you can do that. But in normal processing you won't get L1 petition response before 3 months of submission.

    Also, my suggestion would still be to go back to your home country & get stamping - it will be easy for you.
    - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

    If my opinion helping you, then please do click "like" button below.

    Comment


    • #3
      Originally posted by Libra_14 View Post
      It is allowed legally, however better to reach US before your petition is submitted to USCIS.

      Understand that by submitting your L1 petition to USCIS, you will be showing your intent to stay in USA for long term & CBP officer can treat you that you are misusing your B1 visa.

      Yes, you can do that. But in normal processing you won't get L1 petition response before 3 months of submission.

      Also, my suggestion would still be to go back to your home country & get stamping - it will be easy for you.
      Thanks, Yes i can reach US before the petition is submitted to USCIS, however the following questions

      Can i come back to home country after the Petition is submitted to USCIS ?
      In the case of RFE can i submit the requested details from US itself?
      In case of USCIS petition approval i can go to near by US Consulate outside US for stamping, the reason here is, in chennai the appointment waiting is 2 months now.
      Mine is premium processing!

      Thanks.

      Comment


      • #4
        Originally posted by sairam@1 View Post
        Can i come back to home country after the Petition is submitted to USCIS ?
        Yes, leaving USA is never a problem.
        Originally posted by sairam@1 View Post
        In the case of RFE can i submit the requested details from US itself?
        Yes - the questioning is only when you "enter" into USA - once you are inside you are fine.
        Originally posted by sairam@1 View Post
        In case of USCIS petition approval i can go to near by US Consulate outside US for stamping, the reason here is, in chennai the appointment waiting is 2 months now.
        Mine is premium processing!
        Yes, you can do that.

        But that will have another 50-50 risk. I've seen some people, who were asked to go to home country for the stamping & they had no choice but to fly from Canada/Mexico to home country.
        - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

        If my opinion helping you, then please do click "like" button below.

        Comment


        • #5
          Thanks Libra very well placed the answers, now it’s my call to decide to take this opportunity or wait for big visa to get and go

          Comment


          • #6
            Yes, All the very best !!
            - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

            If my opinion helping you, then please do click "like" button below.

            Comment

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