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Entering US with a previous expiring soon L1B after L1A is denied.

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  • Entering US with a previous expiring soon L1B after L1A is denied.

    Hi,
    I have an L1B blanket visa and currently in US. My visa and petition are expiring in two months from now.
    I would like to go to India and apply for fresh L1A blanket visa (I qualify for that).

    Just in case if my L1A visa is denied when I go for stamping in India, Can I still use my L1B visa (which will be expiring soon)to come back to US. By the time I try to enter US, my L1B visa may be valid only for less than a month.

    Any advice would be very helpful.

    Thanks,

  • #2
    You can enter provided the petition is valid and the job still exists even on the last day of the visa validity. Visa is just an entry pass.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Thanks for the quick response. When you say 'provided the petition is valid', you are referring to the expiry date of the petition right ?

      Also, when a company tries to apply for L1A petition, would the company cancel/invalidate existing L1B petition ?

      Thanks,

      Comment


      • #4
        Originally posted by songza1
        Thanks for the quick response. When you say 'provided the petition is valid', you are referring to the expiry date of the petition right ?

        Also, when a company tries to apply for L1A petition, would the company cancel/invalidate existing L1B petition ?

        Thanks,
        Your company HR/attorney should be able to answer that. Yes, I meant petition should have more validity than the visa.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          Sure. Thanks a lot for the information.

          Comment


          • #6
            Adding to that

            If I apply for L1B to L1A conversion while in US and receive an RFE, Can I withdraw the conversion petition and go back to India to apply for a fresh blanket petition and visa ?
            Will the withdrawl after RFE and immediately applying for a new blanket petition and visa affect the changes of getting visa during visa interview ?

            Comment

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