L1B visa extension and travel to India

[annapollymacintosh]

Hi,

I am currently in the USA on an L1B visa, which expires in the end of November 2021. I would like to extend the visa beyond that time.

However, I will have to travel to India by the first week of June 2021, with the condition that travel TO India remains unrestricted. This is unavoidable and I am not sure how long I will remain in India, I am guessing three to six months.

What are my options to get a visa extension in this case?

1. Should I apply for an extension while I am here and then leave for India? How do I manage in this case? Will I have to get back on my organization's India salary and then wait for the extension? Is this even possible?

2. Should I go to India on a vacation and wait till transport FROM India to the USA is opened, then come back and try to extend the visa?

Can anyone clarify my doubts here, please?

Thanks,
Confused.

[Libra_14]

Should I apply for an extension while I am here and then leave for India? How do I manage in this case?

Yes, apply for extension under premium, get it approved within 15 days & then leave out from USA (assuming you've valid visa to return).

Will I have to get back on my organization's India salary and then wait for the extension? Is this even possible?

Nope.

2. Should I go to India on a vacation and wait till transport FROM India to the USA is opened, then come back and try to extend the visa?

Get the petition extended before you leave, stay in India on vacation & then use that approved petition & visa to return back to USA.

[annapollymacintosh]

Yes, apply for extension under premium, get it approved within 15 days & then leave out from USA (assuming you've valid visa to return).

Nope.

Get the petition extended before you leave, stay in India on vacation & then use that approved petition & visa to return back to USA.

Thank you for the response. I have a valid visa and work permit till the end of November 2021. I don't think I can be on vacation for long, as I have to be in India for three to six months. With my client's approval, how long can I work remotely in India?

Is it possible to go to India, work remotely for three months, and then come back to the USA and apply for extension?

Say, none of this is possible and they look for a replacement for me at Onsite. In that case, can I go back to India and maybe when I am done with my personal commitments ask for an extension to my L1 from India? The start date on my visa is september 2019, and it is a new visa, not an extension.

Thanks,
Still Confused.

[Libra_14]

I have a valid visa and work permit till the end of November 2021. I don't think I can be on vacation for long, as I have to be in India for three to six months.

Six months from now will be Nov 2021 - Remember you'll need to have a valid visa & petition both at the time of returning to USA.

With my client's approval, how long can I work remotely in India?

Location doesn't matter, as long as you are not planning to work remotely forever & still getting paid in USD by your USA company & eventually you are filing taxes in USA.

Is it possible to go to India, work remotely for three months, and then come back to the USA and apply for extension?

Certainly, USCIS doesn't stop you for that, ensure you return before expiry of your current petition - to be able to file extension.

Say, none of this is possible and they look for a replacement for me at Onsite. In that case, can I go back to India and maybe when I am done with my personal commitments ask for an extension to my L1 from India? The start date on my visa is september 2019, and it is a new visa, not an extension.

As long as you are maintaining your work relationship with your company (not resigning from USA company) you should be able to use that visa/petition to return (client project won't matter).

[annapollymacintosh]

Six months from now will be Nov 2021 - Remember you'll need to have a valid visa & petition both at the time of returning to USA.

Location doesn't matter, as long as you are not planning to work remotely forever & still getting paid in USD by your USA company & eventually you are filing taxes in USA.

Certainly, USCIS doesn't stop you for that, ensure you return before expiry of your current petition - to be able to file extension.

As long as you are maintaining your work relationship with your company (not resigning from USA company) you should be able to use that visa/petition to return (client project won't matter).

Again, Thanks for the responses. So my best bet seems to be to get an extension while I am in the USA and then return to India. A few more questions, if you don't mind.

This may be a stupid question but I presume that I will have to stay in the USA until my extension is approved? or is it OK if I fly out while the extension is processing?

Assuming that my extension is approved, and I return to India. And for whatever reason, my company decides to put me on India salary, will my extension be invalidated?

[Libra_14]

This may be a stupid question but I presume that I will have to stay in the USA until my extension is approved? or is it OK if I fly out while the extension is processing?

Its fine, you do not need to be in USA to have your extension continue to process.

Assuming that my extension is approved, and I return to India. And for whatever reason, my company decides to put me on India salary, will my extension be invalidated?

As long as your relationship with the same company exists you can use that petition to move back to USA.