L1 B Visa extension

[nkd]

Hi,

I am currently on L1 B from March'2011 and it is valid till March'2014 (both Visa and I94). My employer is working towards extending my Visa. I have a plan to visit India for a month starting end of Dec'13. Hearing this my employer recommend that rather than filing an extension with USCIS, to instead proceed with a new blanket petition to extend my status. They will prepare the petition before my departure, which I will present at the Chennai consulate. They also indicated that they have observed a higher success rate extending L-1 status from consulates than with petitions filed with USCIS.
1. Has anybody gone through this process before
2. if so what is the difference between extending with USCIS (i knw that with USCIS u will only get I94 extended)
3. What are the documentations i need to have if i go by this process. Since i am kind of doubtful about the information provided my lawyers i wanted to reconfirm.
4. Is there a chance if my extension gets rejected, my current valid visa(till Mar2014) will aslo get rejected. In that case i will not be able to come back to US to atleast collect my items.
I did some searching online and most of the cases i see is applying for an extension while staying in US with USCIS and later whenever travelling to India getting the Visa stamped. Any thoughts and suggestions are welcome. Thanks in advance.

[raghvi]

Hi,

I am currently on L1 B from March'2011 and it is valid till March'2014 (both Visa and I94). My employer is working towards extending my Visa. I have a plan to visit India for a month starting end of Dec'13. Hearing this my employer recommend that rather than filing an extension with USCIS, to instead proceed with a new blanket petition to extend my status. They will prepare the petition before my departure, which I will present at the Chennai consulate. They also indicated that they have observed a higher success rate extending L-1 status from consulates than with petitions filed with USCIS.
1. Has anybody gone through this process before
2. if so what is the difference between extending with USCIS (i knw that with USCIS u will only get I94 extended)
3. What are the documentations i need to have if i go by this process. Since i am kind of doubtful about the information provided my lawyers i wanted to reconfirm.
4. Is there a chance if my extension gets rejected, my current valid visa(till Mar2014) will aslo get rejected. In that case i will not be able to come back to US to atleast collect my items.
I did some searching online and most of the cases i see is applying for an extension while staying in US with USCIS and later whenever travelling to India getting the Visa stamped. Any thoughts and suggestions are welcome. Thanks in advance.

Wrong forum. Please post in correct forum in the future.

I dont know about the statistics with respect to success with respect to extension filed while in US and new L1B stamping at Chennai. In my opinion of documentation is strong getting approval is easy. With that said, your employer is right in one way to seek new L1B while in India because even if you file extension while in US its highly unlikely that the approval will come before your travel unless you file the extension under premium. Also with most of extension requests going to RFE it takes much longer. Even if you get extension, you will get the new I-94, which anyhow you will have to submit while you leave. And when you return, you may or may not get new I-94 to match with your extended petition. Some of the Officers at the Port Of entry nowadays give I-94 only as per visa and not as per petition.
2. as said, if you get approval while in US you would get a new I-94, but when you return you might not get the I-94 to match the extended petition, and would end up filing another extension later on. Whereas if you get a successful stamping, you will most likely get L1 till 2016 (as L1 is valid only for 5 Years you would get 5 Minus time already spent in US), and if that happens you will most probably get I-94 till 2016 plus of course the freedom to enter and exit till new visa expiry.
3. Same documents that you did when you went for initial L1.
4. May or may not. Sometimes the VOs cancel the already existing visa before deciding on the new visa approval.

This is my opinion not legal advice.

[nikhilgtm]

Same situation

Hi NKD,

Can you please let me know what options you took which worked best for you as i am also right now in the same situation as you were ?
desperately waiting for your reply.

Thanks in advance,
Nikhil