Fresh L1b before existing L1b expires?

[arunalkod]

Hi,

I am currently working on L1B which expires on feb 2012, I am planning to visit India during Nov 2011 for wedding thus should I apply for a new L1B Visa in Nov 2011 and get visa stamping or should I wait for current visa to expire and then apply for extention. In case I apply for L1 extension in Nov 2011 and for some reason they reject it, will I be able to travel to US and stay atleast till feb 2012 since my current visa is valid till then

I also want to apply a L2 for my wife during Nov, If I apply on my existing visa which expires Feb 2012 will the L2 also expire when the primary L1 expires? and will that mean I will have to again apply for a fresh L2 in 3 months along with my L1 in feb 2012

Guys please help since based on this I have to plan my travel and stay and not getting any proper answers on blogs and other sites.

Thanks

[balu1309]

When is your petition going to expiry, is it same as your VISA/I-94? I have seen few cases where the people are getting I-94 up to the end of Petition at the port of entry, ofcourse it may vary person to person. You better check with your employer or attorney, who can answer this question better.

Note:Its just my personal opinion as far as the cases that I have seen with my colleagues.

[kabkaba]

You do not need to apply for the visa again if the one in your passport is valid.
Your duration of stay in the US is determined by your I-94 and not visa. Visa only needs to be valid on the day you travel to the US.

In case of your spouse, she will need to apply for her L2 visa at the consulate using your L1 petition approval notice after you get married. After her visa is approved she can travel to the US. You can travel anytime (with her or before her) using your own visa and petition approval notice.

[arunalkod]

Kabkaba, Thanks..

My visa will be valid when I travel back, however I will get a new I94 at port of entry and I might get I94 only till feb 2012 (my Visa expiry), which means within 2 months I will have to apply for extension, thus I was looking for a suggestion if I should get a fresh L1b blanket since I will anyhow be in India?

Also if my wife applies for L2 will her visa also be only valid till the primary L1 or will they provide visa for 3 years?

You do not need to apply for the visa again if the one in your passport is valid.
Your duration of stay in the US is determined by your I-94 and not visa. Visa only needs to be valid on the day you travel to the US.

In case of your spouse, she will need to apply for her L2 visa at the consulate using your L1 petition approval notice after you get married. After her visa is approved she can travel to the US. You can travel anytime (with her or before her) using your own visa and petition approval notice.

[kabkaba]

Visa only needs to be valid on day of travel. Visa and I-94 is given according to petition expiry and other conditions. (In case of L1, flat 3 year I-94 is also given). So you applying for another visa will not change anything. The choice is yours.

[bash1234]

Same Situation, L1B/I94 expiring in Feb 2012

I am also in same situation. Please let me know if you have got any other inputs on this.

I am planning to go on vacation in Sept 2011 and L1B/I-94 expiring in FEB 2012. Planning to apply fresh L1B Visa so that in case of any issue I can come back on Original Visa or may be apply for H1 for 2012.