L1B - Stay

[ssrikan]

I am currently working in US in L1B visa

I came into USA in Jul-2005 and stayed here for 2 years and 4 months and went back to India in Nov-2007.

I worked in India for 4 months and got my L1B stamping done at that time and came back to USA on Mar-2008.

*I got my I-94 is till : Mar/2011.
*In the Passport i see a PED : 01/23/2011.
*In I-129S there is a date : Jul-2010(same as Visa Expiry date in Passport).
*Excluding my stay in India the 60 months will be ending sometime in Nov-2010.

I understand with L1B i cant stay more than 60 months in US.

My Question is with above situation how long i can stay and work in USA.Please advice. What needs to be done if i have to stay and work beyond my legal stay. Is L1A an option?.

If i apply for L1A and gets rejected can i stay after that if so till when?.

[shervin143]

Not sure if you qualify for L1A. That is something that you need to check with your employer. The other option is to apply for H1b. L1 + H1B in total is for 6 years. You need to have a valid I-94 for stay in the country.

[ssrikan]

Thanks Shervin. So i can stay in US though my 60months in L1B complete in November 2010?.

[shervin143]

L1 is for 5 years. As long as the I-94 is valid, you can stay upto 5 years. After that you iwll need to stay out of the country for 12 months to qualify for a fresh entry back again. Or alternatively, you can get a COS to H1B done and stay for 1 more year.

Thanks Shervin. So i can stay in US though my 60months in L1B complete in November 2010?.

[ssrikan]

I beleive my company will apply L1A for me. Question is if L1A rejected can i continue still stay in L1B I94 which i have until its valid.

[shervin143]

Yes. you just need to make sure that you don't overstay beyond the 5 year limit.

I beleive my company will apply L1A for me. Question is if L1A rejected can i continue still stay in L1B I94 which i have until its valid.

[ssrikan]

Hi Shervin - In our comapny they are saying an amendment needs to be applied for L1A conversion and then apply for extenstion.

To avoid it they suggesting to apply both of them together before 6 months of I94 expiry.

The reason given was if amendment gets rejected then i cant stay. Is that how it is?.

Also my
I see PED : Jan/2011 in passport.
In I-129S there is a date : july/2010(same as Visa Expiry date in Passport).

want to know how these things plays role in L1A conversion.

[shervin143]

What they say is right. Your L1B need to get converted into L1A to get an additional 2 years. If the COS to L1A gets rejected, then your staus will still remain L1B and you can continue to stay until the I-94 expiry date or until the 5th year limit (whichever comes first).

If the COS to L1A gets approved, then the approval will come with a new I-94 (most probably it will be valid for an additional 2 years - sometimes it depends on the project itenary provided to USCIS).

Hi Shervin - In our comapny they are saying an amendment needs to be applied for L1A conversion and then apply for extenstion.

To avoid it they suggesting to apply both of them together before 6 months of I94 expiry.

The reason given was if amendment gets rejected then i cant stay. Is that how it is?.

Also my
I see PED : Jan/2011 in passport.
In I-129S there is a date : july/2010(same as Visa Expiry date in Passport).

want to know how these things plays role in L1A conversion.