L1 Petition Expiry - Stamping with new petition at Canada

[kirtianoop]

Hi,

My husband got his L1B visa on a blanket petition which expires in December 2007. Consequently, his L1B visa and my L2 visa also expire by December 2007. As a result, we have our I-94s also valid only till December 2007.

Now, the Company wants to file a new petition (probably individual) for my husband and is not willing to go in for an extension on the existing (about to expire) blanket petition due to other technical problems like change in project, domain of work and the like.

My questions are

1. Can a new petition be filed by the employer while we are still in the US? Do we need to travel to the country of citizenship i.e. India?

2. How long does the entire process of filing a new petition, getting it approved and then filing for L1B and L2 visa, interview, etc take?

3. If at all the new petition can be filed while we are in the US, can we get our visa stamped from the border posts of Canada before our I-94s expire?

Kindly help with answers and suggestions.

Thanks,
Kirti.

[infoway]

1. Can a new petition be filed by the employer while we are still in the US? Do we need to travel to the country of citizenship i.e. India?

Yes, they can file an new petition and request extension of status. You don't need a visa stamped to continue working. However, if you need to travel you need a visa.

2. How long does the entire process of filing a new petition, getting it approved and then filing for L1B and L2 visa, interview, etc take?

15 Days, if applied under premium processing program. Ask your Employer to send both applications in one package, even though there is no premium processing for L2.

3. If at all the new petition can be filed while we are in the US, can we get our visa stamped from the border posts of Canada before our I-94s expire?

Refer to my previous answe of (1)

Not a legal advise.