L1 Extension

[env]

Hi,

I have an L1 (blanket petition) visa which expires on May 2013. I have come to the US several times in the last 2.5years or so in this visa but always stayed for 3months or less. Overall, I might have stayed for about 6 months in the last 2.5 years.

Question is, can I extend the L1 visa to another 4 or 4.5 years because I have not lived here for long at a stretch?

Thanks.

[raghvi]

Hi,

I have an L1 (blanket petition) visa which expires on May 2013. I have come to the US several times in the last 2.5years or so in this visa but always stayed for 3months or less. Overall, I might have stayed for about 6 months in the last 2.5 years.

Question is, can I extend the L1 visa to another 4 or 4.5 years because I have not lived here for long at a stretch?

Thanks.

You will have to check your entry /exit records to determine how long have you stayed in US on the current L1B. The combined total stay on a L1B can at max be 5 Years. You can extend your L1B as long as you havent reached the 5 Year limit. With that said, even if you apply for extension and get it approved, since your current visa expires May 2013 in order for you to enter US again after May 2013 you will have to get a new L1B stamp in your passport. This is my opinion not legal advice.

[env]

You will have to check your entry /exit records to determine how long have you stayed in US on the current L1B. The combined total stay on a L1B can at max be 5 Years. You can extend your L1B as long as you havent reached the 5 Year limit. With that said, even if you apply for extension and get it approved, since your current visa expires May 2013 in order for you to enter US again after May 2013 you will have to get a new L1B stamp in your passport. This is my opinion not legal advice.

I have checked my combined total to be around 6months on my L1B; means I have an option of applying for an extension of up to 4.5years. Is that true?

Thanks

[raghvi]

I have checked my combined total to be around 6months on my L1B; means I have an option of applying for an extension of up to 4.5years. Is that true?

Thanks

Technically yes, but in my opinion you will not get 4.5 Years upfront, you will have to first file extension and if approved you will most probably get it for 2 Years (5 Years - 3 Initial L1 visa validity) and later you will have to file another extension with proof that you haven't used the entire 5 Years by providing your travel history proofs and entry/exit records in order to recapture the remaining period. Talk to your company immigration team to get the initial extension filed and see how it goes. This is my opinion not legal advice.

[env]

Technically yes, but in my opinion you will not get 4.5 Years upfront, you will have to first file extension and if approved you will most probably get it for 2 Years (5 Years - 3 Initial L1 visa validity) and later you will have to file another extension with proof that you haven't used the entire 5 Years by providing your travel history proofs and entry/exit records in order to recapture the remaining period. Talk to your company immigration team to get the initial extension filed and see how it goes. This is my opinion not legal advice.

I will do that. Thanks for your opinion!