L1B Extension

[gauravraj]

Hi,

My L1B was stamped on 18 Nov 2009. I went to US for 40 days only in Feb'10. Now I will be going again in Jan'12. My Visa expires on 18 Nov'12 and I need to apply for an extension.

What are the chances for getting the extension approved?? Is there any special criteria?
Also since initially I stayed in US for only 40 day, will that be a problem?

On what basis the L1B extension is rejected??

Please help.

Thanks
Gaurav

[kabkaba]

There should not be any problems to extension because of the facts mentioned by you. For blanket L1 petitions, they even give 3 years of stay and you may not even need an extension for another 3 years.

[gauravraj]

Didnt get the below statement

'For blanket L1 petitions, they even give 3 years of stay and you may not even need an extension for another 3 years'

you mean if I am going to US in Jan'12, I will be allowed to work for next 3 years even if my Visa expires in Nov'12 ???

[kabkaba]

Duration of permitted stay is determined at port of entry and Visa in your passport is only a travel document. Blanket petitions have no expiry date and hence the beneficiary may be allowed to stay and work in the US for up to 3 years from date of entry. This is affected by passport expiry and previous H1/L1 stays.

[gauravraj]

So If I am allowed to work in US for 2 yrs from the date of entry, does this mean that i need to stay in US for 2 yrs at a stretch? and what if I come back to India for a week and then go back to US? Can I do that?

[shervin143]

Yes, you are allowed to do that. Everytime you enter U.S, you will be given a I-94 which will determine untiol when you can legally stay and work in U.S. You can extend the I-94 by filing the extension from within U.S about 6 months prior to the I-94 expiry date. If you leave the country inbetween, then you will have to return your I-94 at the airport. Upon your return you will get a new I-94. Total stay in L1 + H1B combined is 6 years. Only the time spend in U.S in L1 or H1B status counts towards the 6 year period.

So If I am allowed to work in US for 2 yrs from the date of entry, does this mean that i need to stay in US for 2 yrs at a stretch? and what if I come back to India for a week and then go back to US? Can I do that?

[kabkaba]

To add to the above, maximum period of stay in L1B status is 5 years.

[gauravraj]

so I can still to and fro to USA on L1B till the time I complete 3 yrs of stay in US, even if my visa says it has expired

Is the above statement correct???

[kabkaba]

Visa has to be valid on the day you travel to the US (after every time you leave), so if you leave and want to return after it expires, you will need to get another from a US consulate/embassy.