UK business travel during L extension application

[paulpallavi]

Hi,
My husband is in the process of applying for L1 extension via his employer in premium mode. In the same package, his employer is also going to file I-539 (L2 extension) and I-765 (L2 EAD renewal) for me.

Currently the petition document is being prepared by the employer for filing and most likely be filed with USCIS within 3-4 days from now in premium mode.

As a matter of fact, my husband needs to do a 2-week business travel to the UK in about 10 days time from now. Please note he has a valid visa stamp for re-entry to USA (as current visa will expire on Nov 26, 2019).

We thought of asking the employer to hold filing until my husband is back from the UK trip, but we decided to not wait due to USCIS' backlog with EAD cases. So we have got a few questions:

1) Is it safe to travel to the UK given the employer files the petition with USCIS within 3-4 days under the current circumstances?

2) Can we get USCIS approval of extension when my husband is in the UK (i.e., USCIS approval before my husband's i-94 changes to a new one) ?

3) If #2 happens, should re-entry to USA be a problem given he already holds a valid stamp of re-entry from his earlier visa extension ?

4) Would there be an RFE if we don't get USCIS approval of extension even after he is back to the USA (i.e., my husband's i-94 changes and the petition is still pending with USCIS) ?

5) Does filing I-129, I-539 and I-765 in the same package and filing the I-129 / I-539 application in premium mode also mean I-765 (EAD) will also be processed at the same time?

Many thanks for your time.

Kind regards!

[Libra_14]

1) Is it safe to travel to the UK given the employer files the petition with USCIS within 3-4 days under the current circumstances?

As long as you have a valid visa & petition in hand, you can travel uptil the last day of validity without any issue.

2) Can we get USCIS approval of extension when my husband is in the UK (i.e., USCIS approval before my husband's i-94 changes to a new one) ?

Yes it is possible that you get approval while he is out & if he returns after that, he can get a new I94 matching the renewed petition.

3) If #2 happens, should re-entry to USA be a problem given he already holds a valid stamp of re-entry from his earlier visa extension ?

Not a problem.

4) Would there be an RFE if we don't get USCIS approval of extension even after he is back to the USA (i.e., my husband's i-94 changes and the petition is still pending with USCIS) ?

No, if he returns before approval, he will get the same old I94 again.

5) Does filing I-129, I-539 and I-765 in the same package and filing the I-129 / I-539 application in premium mode also mean I-765 (EAD) will also be processed at the same time?

Officially No, but theoretically yes. We have seen cases where all these are filed together in premium & everything is responded in one shot.

[paulpallavi]

Hi Libra_14,
This is very helpful and thanks so much for taking time to answer my questions.

A quick clarification:

Regarding #4 above, you commented that in the event of my husband is back to USA from the trip and the extension of petition is still pending with USCIS, he will be issued with the same old I-94 again. We were under the impression whenever a person enters USA, he will get a new I-94 number at PoE every time. Is it different if an extension of L petition is pending with USCIS ?

Sorry - two additional questions:

6) Do your answers to my questions above remain the same, in case my husband leaves USA prior to filing extension and the petition for extension is filed once he is in the UK? I ask this just to understand the impact of USCIS decision in various scenarios?

7) In the event of rejection of L visa extension while my husband is still outside USA, can he re-enter USA using his existing unexpired visa stamp?

Many thanks again!

Kind regards.

[Libra_14]

Regarding #4 above, you commented that in the event of my husband is back to USA from the trip and the extension of petition is still pending with USCIS, he will be issued with the same old I-94 again. We were under the impression whenever a person enters USA, he will get a new I-94 number at PoE every time. Is it different if an extension of L petition is pending with USCIS ?

Sorry for the confusion, I94 number might be different, but the I94 expiry date will remain same, irrespective of your petition in under extension process or not. All the time I got the same I94 number & date whenever I traveled on same 797 & new I94 number & date when I used a new 797.

Sorry - two additional questions:

No problem, I'll try to help whatever I can.

6) Do your answers to my questions above remain the same, in case my husband leaves USA prior to filing extension and the petition for extension is filed once he is in the UK? I ask this just to understand the impact of USCIS decision in various scenarios?

Yes, USCIS decision is not dependent on your presence in States or outside. It depends on beneficiary's & his company's profile.

7) In the event of rejection of L visa extension while my husband is still outside USA, can he re-enter USA using his existing unexpired visa stamp?

Yes, provided his existing petition is still valid as well. He need to have a valid passport, valid visa & valid petition to enter in USA, extension application in process or rejected won't have any impact.