L1B visa extension

[ankz001]

Hello,
My fiance is in US on L1B visa valid until April 2021. I am a canadian PR and our wedding is supposed to be on Dec 1st. We both are indian nationals. We had few questions regarding L1B extension and L2 visa application.

1) Does he have to leave US to apply for extension?

2) Since the company can apply 6 months before visa expiry- so in october, will he be able to leave US for wedding while extension application is in process?

3) How long does L1B visa extension process take place?

4) Will it be safer for him to apply for extension first and then me applying for L2 visa? Or if we get married in december- should I apply for L2 visa after getting marriage certificate and he can apply for his L1B extension in around feb? Would they approve my L2 keeping in mind his L1B will be valid for just few another months?

5) Can he apply for extension after the wedding and include my application for L2 there? Since we will be in India at that time, and embassies there are also currently taking emergency appointments only, will he still be ok in returning to US in january (his visa valid till April), and me accompanying on my Visitor B2 visa and then we apply L1B extension and L2 visa from US?

6) For L2 visa interview and biometrics, can I go to new york consulate? I am an indian national but currently residing in canada for 6 years. Embassies in Canada are currently taking emergency appointment only. I have B2 visa to come to US.

Please advise.
sorry for so many questions, just figuring out different options. Thanks very much in advance!

[rkk09]

Hi,
Please see my response below.
1. Not required. If you are in the USA, you can file I-129 petition with USCIS to extend the L1 visa.
2. He can travel while Ext is in process. But per my knowledge, While adjudicating, if beneficiary not in the USA, USCIS may approve the petition without I-94.
3. It depends on service center where you file I-129 petition. But, normally it will take 2 to 6 months. But, Please note, you have premium option too.
4. Once you get married better you can get L2 visa from consulate. I would recommend L1 holder to file the petition in Premium processing and get approved then travel abroad. In this way, with the help of Ext approval you both can go for visa stamping and get visa approval from consulate/embassy.
5. Yes. This is also good idea. But, travelling with spouse on B2 visa will make some complications. Why because, when you travel on B2 for changing your status will have different intention as original intention of B visa.
6. The one can obtain visa from any US embassy/consulate. But, before you plan for this, you will have to check concern embassy/consulate, whether they accept third country nationals application.
Thanks

[lisaanderson]

You are discussing a lot of various scenarios and with the current wait times at Indian consulates, there’s no way to get a clear idea of how and when you’ll be able to get an appt in India or in Canada. You might want to speak with an immigration attorney to play out all scenarios and pick the right one, including going to US on B-2 visa.

[ankz001]

Hi,
Please see my response below.
1. Not required. If you are in the USA, you can file I-129 petition with USCIS to extend the L1 visa.
2. He can travel while Ext is in process. But per my knowledge, While adjudicating, if beneficiary not in the USA, USCIS may approve the petition without I-94.
3. It depends on service center where you file I-129 petition. But, normally it will take 2 to 6 months. But, Please note, you have premium option too.
4. Once you get married better you can get L2 visa from consulate. I would recommend L1 holder to file the petition in Premium processing and get approved then travel abroad. In this way, with the help of Ext approval you both can go for visa stamping and get visa approval from consulate/embassy.
5. Yes. This is also good idea. But, travelling with spouse on B2 visa will make some complications. Why because, when you travel on B2 for changing your status will have different intention as original intention of B visa.
6. The one can obtain visa from any US embassy/consulate. But, before you plan for this, you will have to check concern embassy/consulate, whether they accept third country nationals application.
Thanks

Thank you very much for your time and responses. Definitely a lot helpful.

[ankz001]

You are discussing a lot of various scenarios and with the current wait times at Indian consulates, there’s no way to get a clear idea of how and when you’ll be able to get an appt in India or in Canada. You might want to speak with an immigration attorney to play out all scenarios and pick the right one, including going to US on B-2 visa.

Thank you very much. We will do so.