L1 and L2 Visa Extention

[nouman_memon]

Hello Friends,

My L1-B (along with my wife's L2) was approved last year for duration of 15 months (July 2011 till Sept 2012). I Visited US and then returned back to India in March 2012 due to some family obligations. Now, I would like to travel back to US to work with the Onshore team (due to some recent priority work requirements that came up) but my Visa is about to expire in next 2 months. I work with a Captive Organization in IT sector (and currently I am in India and my i94 was taken back during my return). Can somebody please help to give some educated suggestions on the right steps that I (or my employer - India / US) should take to get the extension on my L1? Do you think that filing a new L1 (and L2) would be a wise decision? Do I have to be in US to get an extension?

Thank you very much for helping

[shervin143]

Are you taking about L1 blanket or L1 individual petition? If it is L1 blanket, then you and your dependents can enter U.S provided you have a valid L1 visa and your dependents have a valid L2 visa and the L1 blanket petition remains valid. You will get an I-94 for 3 years at the POE based on the blanket petition (Irrespective of the petition expiry date - In most of the cases). If you are entering in L1 individual, then it is advisable the employer files the extension and you travel with your family after the L1 extension gets approved. For L1 individual, the I-94 will be issued based on the individual petition expiry date.

[nouman_memon]

Are you taking about L1 blanket or L1 individual petition? If it is L1 blanket, then you and your dependents can enter U.S provided you have a valid L1 visa and your dependents have a valid L2 visa and the L1 blanket petition remains valid. You will get an I-94 for 3 years at the POE based on the blanket petition (Irrespective of the petition expiry date - In most of the cases). If you are entering in L1 individual, then it is advisable the employer files the extension and you travel with your family after the L1 extension gets approved. For L1 individual, the I-94 will be issued based on the individual petition expiry date.

Thank you Shervin143, yes it is L1 Blanket and the expiry date on my Petition and Visa is mid-September 2012 (for both of us). Do you know what options will I have if I just travel and on the POE they issue me just two month of I94 based on the petition / visa expiry date? OR do you think this will not happen if I carry an invite letter / supporting document from my employer (say for a 2 years Visit)? Also what are the rules of new Blanket Petition if the earlier petition is not yet expired? Lastly if I get 3 years I94 then when I come back to India (or travel out of US) I will have to get the Visa stamping done again from India correct?

Thanks again for your time and help

[shervin143]

Do you know what options will I have if I just travel and on the POE they issue me just two month of I94 based on the petition / visa expiry date? OR do you think this will not happen if I carry an invite letter / supporting document from my employer (say for a 2 years Visit)?
>>> It is hard to say. It totally depends on the officer at the POE. Usually for L1B, they will issue an extended I-94. But it totally depends on the officer. There is no 100% guarentee that you will get an extended I-94.

Also what are the rules of new Blanket Petition if the earlier petition is not yet expired?
>>> Petition can be extended 6 months prior to the expiry date.

Lastly if I get 3 years I94 then when I come back to India (or travel out of US) I will have to get the Visa stamping done again from India correct?
>>> Yes. You cannot enter U.S without a valid visa.