L1B blanket extension question

[anishsid]

Below is my case :

I got an international company transfer in 2009 ( L1B blanket stamped in 2009 Aug) and the VISA that was processed was L1B Blanket. My Visa expired in August 2012 and my I-94 only expires in October 2014.

I have my GC in process with 1-140 Approved and waiting for priority date ( india) . Unfortunately i got very unlucky not getting onto the H1B lottery this year which was filed in premium on day1. That means i am stuck for a move from L1B--> H1B until next year ( that too if i manage to be lucky under H1B lottery). As per current records from my attorney the i-94 max date i have is 2014 december ( with vacation days added if i manage to get an extension).

Me, Wife and Kid needs to travel to india in september 2013 ( in 2 months) for a family function and my employer is filing an L1B blanket extension. This means a complete new petition which may or maybe not get approved ... with current rejections around blanket petition.


Below are my questions

* employer/Attorney said they cannot file an extension ( remotely) and get approvals until the I-94 expires in the next 6 months ( which does not in my case). It would be safer if you apply for your L-1B extension directly at the U.S. Consulate in Chennai. Is this correct?

* So is this a typical new application which requires a new 2 day interview process in my preferred consulate ( which is Chennai)?

Appreciate your response. Thanks in advance.

[raghvi]

Below is my case :

I got an international company transfer in 2009 ( L1B blanket stamped in 2009 Aug) and the VISA that was processed was L1B Blanket. My Visa expired in August 2012 and my I-94 only expires in October 2014.

I have my GC in process with 1-140 Approved and waiting for priority date ( india) . Unfortunately i got very unlucky not getting onto the H1B lottery this year which was filed in premium on day1. That means i am stuck for a move from L1B--> H1B until next year ( that too if i manage to be lucky under H1B lottery). As per current records from my attorney the i-94 max date i have is 2014 december ( with vacation days added if i manage to get an extension).

Me, Wife and Kid needs to travel to india in september 2013 ( in 2 months) for a family function and my employer is filing an L1B blanket extension. This means a complete new petition which may or maybe not get approved ... with current rejections around blanket petition.


Below are my questions

* employer/Attorney said they cannot file an extension ( remotely) and get approvals until the I-94 expires in the next 6 months ( which does not in my case). It would be safer if you apply for your L-1B extension directly at the U.S. Consulate in Chennai. Is this correct?

* So is this a typical new application which requires a new 2 day interview process in my preferred consulate ( which is Chennai)?

Appreciate your response. Thanks in advance.

Yes and Yes. If rejected during stamping the earliest you would be able to come back to US is either after getting a new L1 Individual stamping done (can take a few months) OR in Oct 2014 on a new H1 (if H1 gets approve dnext year) so weigh your risks before planning the trip.

This is my opinion not legal advice.