L1B petition is valid indefinitely but visa is expired

[shankii]

Hi,

My L1B got expire last year and I am in India since then but my petition shows ‘Valid Indefinitely’. As far as I know I cannot file for extension after coming back to India (returned I94) but can I file for new L1B on the same petition as petition is still valid? I have heard that, for H1B, if petition is valid for 6 years and your visa has got expire, we can file for new H1 until petition is valid.

Any help in this regard is greatly appreciated.

Thanks!
Kriti

[kabkaba]

You can apply for L1B Visa based on your blanket petition. But note that blanket petitions are highly likely to face Visa rejection these days. Also, you will only be allowed to stay for 5 years total in L1B status.

If you have never had H1B before, your employer can file a petition for you now, but the earliest start date will be Oct 1. After petition approval you can apply for Visa and travel to US to work for the sponsoring employer. You will then get a total stay of 6 years minus any time spent in the US in L1B status. Extensions can be filed until this 6 year stay limit is reached.

[shankii]

Thanks Kabkaba,

Yes my L1 is a blanket petition. For H1B I have to wait till Oct 1st and it seems my company approved internal H1B quota is over. Only option I have got is if I can apply for a new L1B on my old petition, next year they can file for my H1.

Thanks!
Kriti