B1/B2 visa revoked while applying for L1B

[new_indian]

Hi Friends,
I stayed in US for 6 months on my B1/B2 visa last year and now my company want to apply for L1B Visa. My I-94 was granted for 6 months & i didn't overstay on that visit. I have total 11+ years exp and 5+ years in the current company. I want to know will this long stay on B1 have adverse impact on L1B visa application? Does anyone know of any case where L1B was not granted & also B1/B2 was revoked?
thanks,
new_indian.

[Sourabh P]

I believe overstaying on B1 does have an affect on your future Visas and US Travels. I applied for L1B in Sept 2011 and had came back from US after staying for 3yrs and 15 days same yr.

During the interview question did pop up and obviously 'what were your doing for 3 months' and was handed over a blue slip asking to apply H1[not approval with current Visa].

Now I am planning file L1B in Apr 2013 and I am quite unsure if prev Visa rejection and overstaying will have a compounded affect this time. If anyone has experience or knows abt such instance, pls share/advise. thanks Sourabh.

[raghvi]

I believe overstaying on B1 does have an affect on your future Visas and US Travels. I applied for L1B in Sept 2011 and had came back from US after staying for 3yrs and 15 days same yr.

During the interview question did pop up and obviously 'what were your doing for 3 months' and was handed over a blue slip asking to apply H1[not approval with current Visa].

Now I am planning file L1B in Apr 2013 and I am quite unsure if prev Visa rejection and overstaying will have a compounded affect this time. If anyone has experience or knows abt such instance, pls share/advise. thanks Sourabh.

B1 should not be used for so long, the primary purpose for B1 was to allow for very short duration trips and also to avoid filing visa and increasing USCIS workload they issued visa with Multiple Entry for 10 years. Just because I-94 is given for 6 Months one should not use it and best to avoid using this visa to stay exended period of stays.

Some VOs might ignore , some VO may question what were you doing for so long on a B1? And might get a doubt that B1 ws actually being misused and cancel the B1. It all depends upon the VO. But with that said, what has been done cannot be undone now. I would suggest concentrating in trying to get L1 approved by going in with strong L1 supporting documentation. If that doesnt work, as in Sourabh's case go ahead for H1.


This is my opinion not legal advice.

[new_indian]

B1 should not be used for so long, the primary purpose for B1 was to allow for very short duration trips and also to avoid filing visa and increasing USCIS workload they issued visa with Multiple Entry for 10 years. Just because I-94 is given for 6 Months one should not use it and best to avoid using this visa to stay exended period of stays.

Some VOs might ignore , some VO may question what were you doing for so long on a B1? And might get a doubt that B1 ws actually being misused and cancel the B1. It all depends upon the VO. But with that said, what has been done cannot be undone now. I would suggest concentrating in trying to get L1 approved by going in with strong L1 supporting documentation. If that doesnt work, as in Sourabh's case go ahead for H1.


This is my opinion not legal advice.

Thanks for your advice. I was thinking to not use the B1/B2 for another 1-2 years and then apply for L1. This would make the total gap b/w B1 last trip and L1 application approx 2-3 years. Will that help?

[raghvi]

I would suggest apply for H1 in April 2013. that certainly will have better chances.

This is my opinion not legal advice.