L1 visa renew

[y2klc]

Current status: In U.S, visa expires on August 20, 2019, I 129 or I-94 is valid until August 21, 2020. plan to go back to China in July for visa renew, company prepared a new
I 129 with a new Dates of Proposed Employment from 08/21/2019 to 08/21/2021.

the question is:
If I go back to China for visa renew in July 2019, and the visa renew application is rejected by the US consulate, can I anyway come back to US with my current visa(valid until Aug 20 2019) and I-94 or I 129(valid until August 21, 2020)? I know after Aug 20 2019 I cannot be out of US if I want to come back, but I can stay in US till I-94 or
I 129 expires(August 21, 2020) and submit a new visa application in Aug 2020.


Or if my visa renew in July 2019 is rejected, my current visa(valid until Aug 20 2019) and I -129(valid until August 21, 2020) are also invalid immediately, which means I can’t use them to come back to US anymore.

thanks in advance!

[Libra_14]

Your I129 & I94 are valid till August 21, 2020. Why don't you just go to your home country, get new visa stamped & then file for extension?

[y2klc]

not sure, the lawyer just did in this way, and prepare a new I-129 which is actually one year overlapped with my current I 129, looks like one year wasted.
for my L1B, I got the 3-year I 129 and 2-year visa for first application, that's the reason I need to back to my home country(China) for a visa renew if I need to travel out of U.S after Aug 20, 2019.
for my case, I will have a 2year+2years**years I129 petition, I asked the lawyer why they can not give a 2years+3years I 129 petition for my max 5 years stay for L1B, they just say they only allowed 2years for extension, no detail reason.

[y2klc]

sorry, 2year+2years **years I129 petition, which means even I get a extension for 2 more years, I need to apply one more time for the last year

[y2klc]

some problems with display: 2year+2years plus 1year, which totally 5 years maximum for L1B

[Libra_14]

Sorry, this is little confusing. Please share your dates:
1. Petition start/end date
2. Visa expiry date
3. I94 expiry date

If I go back to China for visa renew in July 2019, and the visa renew application is rejected by the US consulate, can I anyway come back to US with my current visa(valid until Aug 20 2019) and I-94 or I 129(valid until August 21, 2020)?

Or if my visa renew in July 2019 is rejected, my current visa(valid until Aug 20 2019) and I -129(valid until August 21, 2020) are also invalid immediately, which means I can’t use them to come back to US anymore.

Yes, even if your renewal petition is rejected, you can still use your existing valid visa & old valid petition to re-enter into USA.

If you appear for visa interview outside USA & visa is denied, then its quite possible that VO will cancel your existing visa as well.

[y2klc]

Sorry, this is little confusing. Please share your dates:
1. Petition start/end date
2. Visa expiry date
3. I94 expiry date


Yes, even if your renewal petition is rejected, you can still use your existing valid visa & old valid petition to re-enter into USA.

If you appear for visa interview outside USA & visa is denied, then its quite possible that VO will cancel your existing visa as well.

1. Petition(I 129) start/end date: Aug 21 2017 to Aug 20 2020
2. Visa expiry date: Aug 21 2019
3. I94 expiry date: Aug 20 2020

because my visa will expire by Aug 21, 2019, so the lawyer suggest my to go back to China for visa renew, and he also prepare a new I 129 with start/end date Aug 21 2019 to Aug 20 2021;

Yes, even if your renewal petition is rejected, you can still use your existing valid visa & old valid petition to re-enter into USA, what do you mean renewal petition? I am on L1B blank petition and thought the petition is already approved now?

yes I mean if visa renew was rejected, then there is a high possibility that my current visa also cancelled, maybe I'd better just stay in US till Aug 2020 and then go back to China for visa renew.

[Libra_14]

1. Petition(I 129) start/end date: Aug 21 2017 to Aug 20 2020
2. Visa expiry date: Aug 21 2019
3. I94 expiry date: Aug 20 2020

because my visa will expire by Aug 21, 2019, so the lawyer suggest my to go back to China for visa renew, and he also prepare a new I 129 with start/end date Aug 21 2019 to Aug 20 2021;

Your petition & I94 both are still valid, you really do NOT need to get visa stamped (unless you are planning to travel outside USA before Aug 2020). Consult another attorney if needed.

yes I mean if visa renew was rejected, then there is a high possibility that my current visa also cancelled, maybe I'd better just stay in US till Aug 2020 and then go back to China for visa renew.

Right !!

[y2klc]

company worked with this assigned attorney, no chance to select another one. and also not sure why they just apply another two year visa for me which means I need to apply again 2 year later for my fifth year of my L1B(2year 2year plus 1year=Max 5 years for L1B),
I asked why not just apply another 3 year visa to reach my max 5 year stay for L1B, they gave a simple feedback: not allowed, no detail, why not allowed.

[Libra_14]

Yes, L1B is given for 3 years (or less) initially & can be renewed for 2 years (or less) each time as applicable totaling 5 years of max stay.