L1B Extension in Process| Impact due to Travel

[spv.070]

Hi Friends,

I'm currently in U.S.(with expired L1-B Blanket visa) and my L1-B(Individual) extension is filed with USCIS and I'm awaiting final adjudication. I got an RFE and submitted the RFE response recently. Per 15 days premium policy of USCIS expecting final results any time. I have a travel plan to India for 3 weeks in Nov. which is critical for me to travel. If my visa gets approved I plan to travel and get a stamping done in India and come back to U.S. I have a few queries. Can you please help answer these? Thank you

• How long does USCIS take to send the approved petition once the case is approved?
• Since L2 extension wouldn’t be premium processed and if there is a delay in L2 extension approval, does this impact the return travel of family to U.S. ?
• Once I know that my L1B got approved, can I go ahead and complete the DS-160 form for visa stamping and schedule the interview? Do you think the receipt number would be sufficient to complete the DS-160 application? Should I have to wait until I receive the petition from USCIS?
• For L1B extension stamping I read somewhere that through PIMS portal the embassy can retrieve petition information and we don’t have to carry I-797 petition. Is this true?
• My spouse + children already have a stamped L2 visa expiring 2022 January, but it says Blanket L2 and also has a PED of Jan. 2020 even though the stamp expiration is valid until Jan. 2022. Do you think they would also need new L2 stamps to return to U.S.? Also since I have filed L1 Individual petition this time, Do you think they should also go for visa stamping since it is not blanket anymore.?

Thank you and appreciate your help in advance !

[Libra_14]

How long does USCIS take to send the approved petition once the case is approved?

Once approved, you or your attorney should receive approval notice in <2 weeks.

Since L2 extension wouldn’t be premium processed and if there is a delay in L2 extension approval, does this impact the return travel of family to U.S. ?

Assuming their I94 is expired, If they leave while their extension is in process, then it would be abandoning of their extension application. In that case have them stay in India until their extension is approved.
If the I94 is still valid, then you do not need to worry, let them go, get new visa (if required) & come back without any issue.

Once I know that my L1B got approved, can I go ahead and complete the DS-160 form for visa stamping and schedule the interview? Do you think the receipt number would be sufficient to complete the DS-160 application? Should I have to wait until I receive the petition from USCIS?

Yes, you can go ahead & complete formality for your new visa.

For L1B extension stamping I read somewhere that through PIMS portal the embassy can retrieve petition information and we don’t have to carry I-797 petition. Is this true?

Not 100% sure, but I won't risk the visa in absence of original I797.

My spouse + children already have a stamped L2 visa expiring 2022 January, but it says Blanket L2 and also has a PED of Jan. 2020 even though the stamp expiration is valid until Jan. 2022. Do you think they would also need new L2 stamps to return to U.S.? Also since I have filed L1 Individual petition this time, Do you think they should also go for visa stamping since it is not blanket anymore.?

No, they do not need a new visa.

[spv.070]

Thank you Libra_14. I appreciate your help. I have a couple of follow up questions based on your response for the second question.

My family is planning to travel in the last week of October, 2019 and their i-94 is valid until 16th Jan. 2020. However please note that my current petition has expired on 8/18/2019. I'm not expecting L2 extension results soon. Do you think they would be able to get L2 extension results by 1st week of Dec.? because we plan to travel back to U.S. at that time. Do you see any further delay in L2 approvals?

If the L2 extension results are not yet shared, Can the family travel back with me if I have approved extended petition & new visa stamped? They already have current L2 stamps valid till 2022 Jan. Do you see a problem here?

Thank you again !!

[Libra_14]

Since they will be leaving USA before their I94 expiry, they don't need to worry about their extension application - it will be abandoned. Result won't matter after that.

Now, you need your approved L1 petition in order to get new visas (if existing ones are expired) & travel back. Upon entering into USA all of you will get a new I94 without any issue.

Hope this helps, feel free to revert, if that is still not clear.

[spv.070]

Thank you Libra_14. Again appreciate your time for helping me out.

I have a follow up question on your response. If they leave USA and that Abandons the L2 extension process, why did the Attorney filed for L2 extension? Family could have just left USA(before i-94 expiry) and you're saying if all my docs L1 approved petition and new stamp with all other relevant docs, my family can enter USA along with me without any problem? I'm confused if they don't need new stamps, L2 extension can be abandoned, why was extension applied for them? (As mentioned earlier my family has L2 visa stamp valid until Jan. 2022.)

Will appreciate your additional insights. Thank you

[Libra_14]

If they leave USA and that Abandons the L2 extension process, why did the Attorney filed for L2 extension?

Probably your attorney was not aware that you planning to leave USA before your I94 expiry.

Simplest is you need to understand what is L2 extension. L2 extension (I539) is basically asking USCIS to extend their I94, nothing else. Same form I539 is used to extend B1/B2 visit as well. If you are leaving USA before I94 expiry then you really do not need to extend your stay. And upon re-entering USA, you only need to prove that you have valid reason to enter (i.e. Primary L1 is working in USA). As long as that is satisfied, they can get a new I94 upon new entry.

Family could have just left USA(before i-94 expiry) and you're saying if all my docs L1 approved petition and new stamp with all other relevant docs, my family can enter USA along with me without any problem?

That's correct.

I'm confused if they don't need new stamps, L2 extension can be abandoned, why was extension applied for them? (As mentioned earlier my family has L2 visa stamp valid until Jan. 2022.)

They need a valid visa at the time of re-entry into USA.

If they already have a valid visa for the date of their re-entry, then they don't need a new visa to be stamped, simple.

[spv.070]

Thank you Libra_14. Things are lot more clear now. Appreciate your help.

[Libra_14]

I am glad, I am able to help.