Successful L1B to L1A conversion, stamp pending: is it a renewal?

[fflores]

Hi all,

After using the site for years, this is my first post... because this time I couldn't find what I was looking for

So, I've been living in the US for 5 years. Until February, I was in a L1B visa; my company applied for a L1A for me, and was approved by USCIS, so my visa status is currently L1A (new I94 expires in 2016). My wife's L2 has been approved too, and her new I94 expires in 2016 as well.

In July, we'll travel to Brazil (I'm a Spanish citizen, she's Brazilian), and will have to go the consulate to get our passports stamped with the new visa. In Brazil, consulate interview can be waived when the application is a RENEWAL. So, what I'm wondering is:

- Can my case pass as a renewal, because I went from L1 to L1... even if it's L1B to L1A? (My guess: the answer is NO).
- Can my wife's case pass as a renewal? I guess this is possible, after all she's renewing her L2.

Thanks!!!

[raghvi]

Hi all,

After using the site for years, this is my first post... because this time I couldn't find what I was looking for

So, I've been living in the US for 5 years. Until February, I was in a L1B visa; my company applied for a L1A for me, and was approved by USCIS, so my visa status is currently L1A (new I94 expires in 2016). My wife's L2 has been approved too, and her new I94 expires in 2016 as well.

In July, we'll travel to Brazil (I'm a Spanish citizen, she's Brazilian), and will have to go the consulate to get our passports stamped with the new visa. In Brazil, consulate interview can be waived when the application is a RENEWAL. So, what I'm wondering is:

- Can my case pass as a renewal, because I went from L1 to L1... even if it's L1B to L1A? (My guess: the answer is NO).
- Can my wife's case pass as a renewal? I guess this is possible, after all she's renewing her L2.

Thanks!!!

I dont know about US consulates in Brazil , but generally Blanket L1s whether L1B or L1A are not exempt from visa interviews even if for renewal. L2s are generally exempt from visa interviews in case of renewals.

This is my opinion not legal advice.