Query regarding L1B extesnsion

[sreesai_2019]

Hi Immihelp team,


I'm currently in the US in L1B blanket visa by my company in India. My wife is in L2 and staying with me.


My Petition Expiry Date(PED) is in 16-Sep-2019. My Visa expiry date is 14-Dec-2019 and I94 expiry date is on 10-May-2021. Please see my queries below,


1. I understood like I should apply for an extension of my L1B visa before PED? Is that correct? These 3 different dates are actually very confusing.

2. Is it possible to do the extension within the US?

3. If #2 is not valid, is it possible to go to Canada/Mexico USCIS for the extension/interview process? OR Do I need to go to India for this process?

4. What is the procedure for extension of my spouse L2 visa?

5. What would be the type of my extension visa - Blanket OR Individual?


Thanks !

[Libra_14]

1. I understood like I should apply for an extension of my L1B visa before PED? Is that correct? These 3 different dates are actually very confusing.

You really do not apply for extension of visa (visa is always renewed). Your company applies for extension of your petition & that they have to do before expiry of your petition to keep you continue working in USA.

Since you have valid I94, you can stay in USA till May 2021, but cannot work without a valid petition (after Sep 2019) and without an pending extension application.

2. Is it possible to do the extension within the US?

Certainly.

3. If #2 is not valid, is it possible to go to Canada/Mexico USCIS for the extension/interview process? OR Do I need to go to India for this process?

Petition you can get extended within USA & you don't need to go anywhere until you current visa is valid. After your visa expiry, if you plan to go outside USA (anywhere), you'll need a new visa to re-enter into USA, if you are not planning to go outside USA, you can stay until your renewed I94.

4. What is the procedure for extension of my spouse L2 visa?

All dependent L2s need to file extension of stay (I539 EOS) after they I94 expiry. If their I94 expiry is also May 2021, they don't need to file anything)

5. What would be the type of my extension visa - Blanket OR Individual?

Individual.

[sreesai_2019]

Thanks Libra_14 for the quick and detailed reply

You really do not apply for extension of visa (visa is always renewed). Your company applies for extension of your petition & that they have to do before expiry of your petition to keep you continue working in USA.

Sorry, that was a typo. It was not L1B Visa but L1B Petition

2. Is it possible to do the extension within the US?

Certainly.

Is there a high chance for getting RFE/rejection, if petition extension is initiated within the US as L1 Individual? My employer's advise is to try L1 Blanket instead. Do I need to go back to India for the blanket petition case OR I can do it in any countries outside US?

4. What is the procedure for extension of my spouse L2 visa?

All dependent L2s need to file extension of stay (I539 EOS) after they I94 expiry. If their I94 expiry is also May 2021, they don't need to file anything)

My spouse I94 expiry is also in May 2021. So do I need to ask my employer for any specific extension for L2 along with my L1 petition extension?



6. My spouse EAD expired last month. She is not working right now, but want to search for new jobs. We thought of waiting for the completion of my L1 petition extension before the initiation of EAD renewal for my wife. Could you please suggest the right process on WHEN we can initiate EAD renewal for my spouse?

[Libra_14]

Is there a high chance for getting RFE/rejection, if petition extension is initiated within the US as L1 Individual? My employer's advise is to try L1 Blanket instead. Do I need to go back to India for the blanket petition case OR I can do it in any countries outside US?

Extension initiated from anywhere has same chances. Right now all L1B are getting through high level of inspection & chances of RFE is more than 50%. Am not sure about Rejection.

You really need to prove that you are an specialized skill & no American can take that job, hence you are need in USA.

My spouse I94 expiry is also in May 2021. So do I need to ask my employer for any specific extension for L2 along with my L1 petition extension?

Nothing needed for her, she can stay in USA until that time without any issue.

6. My spouse EAD expired last month. She is not working right now, but want to search for new jobs. We thought of waiting for the completion of my L1 petition extension before the initiation of EAD renewal for my wife. Could you please suggest the right process on WHEN we can initiate EAD renewal for my spouse?

Yes, one of the document required for her EAD is your valid L1 petition. If your petition is already expired, or going to expire soon, then it won't make any sense to file her EAD for now.

However you can do concurrent filing of your extension & her EAD renewal - hoping to get the response for both at the same time.

[sreesai_2019]

Thanks Libra_14 for your valuable inputs. Really appreciate it !

posted by sreesai_2019
Is there a high chance for getting RFE/rejection, if petition extension is initiated within the US as L1 Individual? My employer's advise is to try L1 Blanket instead. Do I need to go back to India for the blanket petition case OR I can do it in any countries outside US?

Extension initiated from anywhere has same chances. Right now all L1B are getting through high level of inspection & chances of RFE is more than 50%. Am not sure about Rejection.

Does that also mean I can go to nearby US countries like Canada/Mexico for L1B blanket extension and no need to go back to my home country for extension? (India) Please confirm.

[Libra_14]

Does that also mean I can go to nearby US countries like Canada/Mexico for L1B blanket extension and no need to go back to my home country for extension? (India) Please confirm.

You do NOT need to go out to extend your petition. You can stay in USA & get it extended.

You only need a visa when you go out (anywhere) of USA & need to re-enter. Visa stamping can be done anywhere, but preferred to go home country.

Hope this helps.

[sreesai_2019]

Thanks, Libra_14 for the clear direction!

[Libra_14]

Best of luck !!