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L
Visa
FAQ for L Visa Q:
What is a Petition?
A:
The largest categories of working visas (including H and L visas) require petitions
to be filed with the USCIS (formerly the INS or BCIS),
by a company or organization in the United States.
A petition is the process by which the USCIS determines that you meet the basic qualifications for a particular visa. For example, it is through the petition process that the USCIS determines you have the educational background or its equivalent to qualify as an H-1B "skilled worker". Petitions cannot be filed with the Embassy; they must be filed in the U.S. Q:
Can a person with a L1 visa transfer/change jobs?
A:
Yes. The USCIS must be notified of any change in one's employment status.
Q:
I am a returning L1/L2 visa applicant, how do I apply for a revalidation?
A:
L1/L2 revalidation has ended in US since July 2004. Drop box facility has also
ended at the consulates since July 2004. You must make an appointment as usual
for L1/L2 stamping.
Q:
Should my spouse's name be in my passport? Do we need to have the same last name?
A:
Your spouse's name should be entered in your passport if you are applying for a
L2 visa. You do not, however, need to have the same last name.
Q:
Can a person on a dependent visa work in the U.S.?
A:
No, they are prohibited from working in the U.S. while in status on a dependent visa.
Once in USA, L2 visa holders can apply for work permit. Q:
Like H1 cap, is there any limit on the number of L1 visas available in a year?
A:
No, there is no limit.
Q:
As an L1 visa holder, can I work part time?
A:
Yes
Q:
What is the processing time to get L1 petition processed?
A:
While it takes 2 to 4 months for regular L1 petition, it takes only 1 to 3 weeks
for an L1 petition covered by blanket petition.
However, you can speed up the process by paying extra money and doing Premium Processing. Q:
Can I enter US on visitor visa or business visa while my L1 visa in process?
A:
It is possible, but you are strongly discouraged from doing so. You may run the risk of doing some work that you are not supposed to do while on visitor/business visa and get into trouble for L1 processing with USCIS or L1 visa stamp in home country.
Q:
As an employer, can I move L1 employees to different work sites across the US?
A:
Yes, as long as they are under your control and management.
Q:
As an employer, am I required to pay 'prevailing wage' to the L1 employees?
A:
While strictly not required, if you pay significantly lower wages, you may
get into the trouble with USCIS or Department of Labor.
Q:
What is the equivalent of a US Bachelor degree?
A:
According to the Department Of Homeland Security (DHS), 3 years of progressively responsible work experience equals 1 year of education in an accredited US degree program. While the US Bachelor degree takes four years, obtaining an Indian Bachelor degree requires only 3 years. Hence, the Indian H1B or L1 applicant must ordinarily present a valid Bachelor degree and proof of 3 years work experience in a field related to the proposed job duties. In special cases, the Consular Officer may waive this requirement.
Q:
What happens if the Consular Officer denies my L1 application?
A:
After a personal interview, the Officer may require additional information. In that case, the Officer will refuse your application under a law, known as INA Section 221(g) - which means "pending for administrative processing." You can return to the same Embassy/Consulate where you were interviewed, on any working day with the required documents. If the Officer determines that the applicant cannot fulfill the duties, outlined in the Form I-129, then he or she refuses the application, again under INA Section 221(g). But, this time, the Officer writes a letter to the DHS recommending that Form I-129 be revoked. Along with the letter, all related documents are sent to the DHS Service Center, where the Petition was originally filed. At this point, the embassy/consulate no longer handles the case. All further inquiries must be directed by mail to the appropriate DHS Service Center. The Centers and their mailing addresses are listed on the Form I-797.
Q:
I am applying for an L1 visa and I would like my spouse to travel with me, can he/she apply for a dependant visa (L2) at the same time that I do or must they wait until my visa has been issued?
A:
It is recommended that the spouse and dependent children go for their visa interview at the same time as the principal applicant.
Q:
Can I get my visa renewed, revalited or re-stamped?
A:
Renewal: Visa renewals apply to applicants who reapply for H, I, L, O or P visas outside of the U.S.
Revalidation: Revalidations are not available outside the U.S. and relate only to visas for diplomats and officials. Re-stampign: U.S. visa is not currently a stamp and so a passport cannot be "re-stamped". Instead, a visa foil made of paper is stuck inside your passport. |
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