Query - L1 A extension options

[VAUser]

Hi,
Need suggestion with my L1A extension which is due in Jan 2021, I see below three options.
My I-140 is been approved in EB1 and waiting for dates to move for next steps. The chances of getting priority date (June 2018) for my case to file I-485 are high before Jan 2021
Please suggest which could be a better option.

1. Wait for filing I-485 and then file my extension in normal mode in Dec 2020?
2. Extension in US embassy in Canada– schedule appointment for extension in US embassy in Canada, get the extension and fly back to US – 90% success based on previous cases. If it gets rejected can I still fly back to US since my Visa is valid till Jan 2021 ?
3. I can file for premium now (70% approvals) but if it is rejected, company will NOT appeal and I might have to move out of US. In this case can I use option 2 above as appeal/second level approval?

I am confused which option to opt, any suggestions will be greatly appreciated.

Thank you so much for your time and valuable inputs.

Thanks

[Libra_14]

Wait for filing I-485 and then file my extension in normal mode in Dec 2020?

485 & L1 are different process, both can go in parallel.

Extension in US embassy in Canada– schedule appointment for extension in US embassy in Canada, get the extension and fly back to US – 90% success based on previous cases. If it gets rejected can I still fly back to US since my Visa is valid till Jan 2021 ?

If you are not planning to travel outside of USA for sometime, you really do not need to go to Canada & get the visa stamped. You can stay in USA based on our pending/approved L1 extension and/or pending 485.

If your visa is rejected in Canada, there is a possibility that they will cancel your existing visa as well & then you won't be able to return.

I can file for premium now (70% approvals) but if it is rejected, company will NOT appeal and I might have to move out of US. In this case can I use option 2 above as appeal/second level approval?

In my opinion, Premium has no benefit in your situation - except you'll get response sooner (good in case of approval, but worst in case of rejection - where you'll have to leave USA & won't be able to file 485).

[VAUser]

Thank you Libra for the response.
Below are the reasons for the three options I have mentioned above.
1) If I-485 is approved, there will not be a need of extensions, hence option 1 of normal process and hope to get I-485 approved before extension is filed/reviewed
2) US consulate in Canada option is directly to complete the extension - If we schedule a appointment in US Embassy in Canada we can complete both Extension + Stamping ( 90% success)
3) Premium processing is to get over the extension tension early and work on other options if it is rejected ( appeal again or Stamping in US consulate in Canada)

Please suggest.

[Libra_14]

1) If I-485 is approved, there will not be a need of extensions, hence option 1 of normal process and hope to get I-485 approved before extension is filed/reviewed

I485 approval will itself take 6 months to 2 years. Meanwhile, you might need L1 to be able to travel outside USA.

2) US consulate in Canada option is directly to complete the extension - If we schedule a appointment in US Embassy in Canada we can complete both Extension + Stamping ( 90% success)

I am not sure, if you can extend an L1 petition at Canada consulate - to the best of my knowledge, you need to file extension with USCIS in USA & once approved, you need to get the visa outside USA.

3) Premium processing is to get over the extension tension early and work on other options if it is rejected ( appeal again or Stamping in US consulate in Canada)

Certainly - that's what I said. Premium has no benefit in your situation - except you'll get response sooner.

[guoxbo]

3. I can file for premium now (70% approvals) but if it is rejected, company will NOT appeal and I might have to move out of US. In this case can I use option 2 above as appeal/second level approval?

As my lawyer told me, if you file extentison of stay(I-129) but failed, you can not go outside the US to apply for a visa to enter US again. But if you failed your renewal of L1A visa, you can still apply to extend your stay in US( as long as you are in U.S. by previous valid vasa). From this point of view, filing for extension(I-129) should be your last option.

[Libra_14]

As my lawyer told me, if you file extentison of stay(I-129) but failed, you can not go outside the US to apply for a visa to enter US again. But if you failed your renewal of L1A visa, you can still apply to extend your stay in US( as long as you are in U.S. by previous valid vasa). From this point of view, filing for extension(I-129) should be your last option.

This is confusing, I129 is the extension of your L1 petition - once you file I129, you can continue to stay in USA as per the law & no need to get your visa renewed.

For renewal of your L1A visa, first you need an approved petition (Approved I129 in form of I797) & second, you need to move out of USA to get the visa. If your visa is rejected, high chances that VO will cancel your existing visa as well & you won't be able to return to USA.

[guoxbo]

This is confusing, I129 is the extension of your L1 petition - once you file I129, you can continue to stay in USA as per the law & no need to get your visa renewed.

For renewal of your L1A visa, first you need an approved petition (Approved I129 in form of I797) & second, you need to move out of USA to get the visa. If your visa is rejected, high chances that VO will cancel your existing visa as well & you won't be able to return to USA.

That's not confusing. There are two options when your L1 visa is going to expire, as VAUser mentioned in his post: one is to go outside the US and apply for L1 visa renew, another option is staying inside US and apply for extension of stay. For visa renew option, if you renewed your L1 visa, you could enter US and get a new I-94 which indicate your new stay period in US. If you failed to renew your L1 visa, you could also enter US( by previous valid visa) and apply for extension of your stay. If the application is approved, then you could also stay in US. But when you chose staying inside US and apply for extension of stay first, if your application is denied, you can not go outside US and apply for visa to enter US again. These two options have different pros and cons.

[Libra_14]

One is to go outside the US and apply for L1 visa renew

Thanks for your comments, But I am willing to know - how can someone go outside USA without filing I129 & get their visa renewed(extended).

[VAUser]

Thanks for your comments, But I am willing to know - how can someone go outside USA without filing I129 & get their visa renewed(extended).

As far as I know, one of my colleague traveled to Canada by booking an Appointment in US consulate for Stamping+Extension before his visa expiry.
For ex: My visa is expiring in Jan 2021 so I can travel in Nov/Dev 2020 for an appointment and get the stamping + extension done.

It is the same I have mentioned as option 2

Extension in US embassy in Canada– schedule appointment for extension in US embassy in Canada, get the extension and fly back to US – 90% success based on previous cases. If it gets rejected can I still fly back to US since my Visa is valid till Jan 2021 ?

[guoxbo]

Thanks for your comments, But I am willing to know - how can someone go outside USA without filing I129 & get their visa renewed(extended).

You should have your I-129 to renew your L1A visa in a US embassy OUTSIDE US, or you can extend your status INSIDE US, also with your I-129.

[Libra_14]

You should have your I-129 to renew your L1A visa in a US embassy OUTSIDE US, or you can extend your status INSIDE US, also with your I-129.

Correct, so you should already have approved I129, which will come with an extended I94 & one can continue to stay with it (without need of renew visa). So as per the very first time I mentioned

If you are not planning to travel outside of USA for sometime, you really do not need to go to Canada & get the visa stamped. You can stay in USA based on our pending/approved L1 extension and/or pending 485.