L-1 Extension No I-129S?

[pontusjaz]

I obtained an L-1B visa in 2019 with a blanket petition. I have always entered the US with my passport visa stamp & my approved I-129S. My passport visa stamp states on it that it "must be accompanied by approved I-129S".

My I-129S expired after 3 years, but my visa stamp is valid for 5 years.

I renewed my visa with USCIS from within the US, rather than going to the embassy. I may be wrong, but I believe this counts as an individual petition? Even though my original one was blanket.

My extension was approved. But I only received an I-797A approval notice. I did not receive a new I-129S. My lawyers say this is fine, I can use the I-797A to enter the US. This is despite the sentence in my visa stamp saying it must be accompanied by my I-129S. They say I won't get an I-129S.

I might be wrong (it's all very confusing to me) but this might be something to do with my original approval being blanket and my new one is individual?

Does this sound normal? I cannot find any official policy on using I-797A instead of I-129S. I am worried what I will say to CBP, if they will understand my situation etc. The lawyers say it's fine but won't provide anything written to confirm this (like from USCIS)

[Libra_14]

I obtained an L-1B visa in 2019 with a blanket petition. I have always entered the US with my passport visa stamp & my approved I-129S. My passport visa stamp states on it that it "must be accompanied by approved I-129S".

My I-129S expired after 3 years, but my visa stamp is valid for 5 years.

I renewed my visa with USCIS from within the US, rather than going to the embassy. I may be wrong, but I believe this counts as an individual petition? Even though my original one was blanket.

So what you renewed within USA is your petition (not visa). Visa & petition are two different things & both are renewed as needed separately.

Yes, so you were initially on L1B blanket petition, now you are on L1B individual petition.

My extension was approved. But I only received an I-797A approval notice. I did not receive a new I-129S. My lawyers say this is fine, I can use the I-797A to enter the US. This is despite the sentence in my visa stamp saying it must be accompanied by my I-129S. They say I won't get an I-129S.

When you file extension for your petition, you'll get I797 only as individual petition approval (I129 for blanket petition is not relevant anymore)

I might be wrong (it's all very confusing to me) but this might be something to do with my original approval being blanket and my new one is individual?

No, yours is a normal situation, almost everyone with blanket petition have the same situation.

Does this sound normal? I cannot find any official policy on using I-797A instead of I-129S. I am worried what I will say to CBP, if they will understand my situation etc. The lawyers say it's fine but won't provide anything written to confirm this (like from USCIS)

Check your visa again, i think it must be saving that "Must present I797 or I129 upon entry into USA".

Anyway, you are fine traveling with your existing visa & new approved I797.

[pontusjaz]

Thank you! I can't describe what a relief it is having some re-assurance. You are awesome!

Check your visa again, i think it must be saving that "Must present I797 or I129 upon entry into USA".

Anyway, you are fine traveling with your existing visa & new approved I797.

This is the bit that concerns me. It doesn't say that. It literally says "BLANKET L1 MUST PRESENT APPROVED I 129S AT POE". I assume because my original was a blanket petition but now it's individual.

Do you think this is ok? I am flying into the US on Christmas Eve and very concerned about being knocked back by CBP or something. Obviously I do have a paper I-94 attached to my approved I-797A which says I am approved to stay in the US until 2024.

As an added issue, my passport expires in March. I assume my electronic I-94 will be limited to March. I intend to leave the US again to renew my passport before March. When I re-enter the US, I assume my new electronic I-94 will have the 2024 date instead of the expiry date of my passport?

[Libra_14]

This is the bit that concerns me. It doesn't say that. It literally says "BLANKET L1 MUST PRESENT APPROVED I 129S AT POE". I assume because my original was a blanket petition but now it's individual.

Your extended petition (I797) gives you authority to work in USA, so you are fine. Don't worry much about it.

Do you think this is ok? I am flying into the US on Christmas Eve and very concerned about being knocked back by CBP or something.

Yes, you are fine traveling with your existing non-expired visa & new petition.

Obviously I do have a paper I-94 attached to my approved I-797A which says I am approved to stay in the US until 2024.

Once you leave USA, the existing I-94 or the one issued to you along with I797 is no more valid. Upon your next entry into USA, you'll be issued a new I94 (in the form of stamp in your passport & online status).

As an added issue, my passport expires in March. I assume my electronic I-94 will be limited to March. I intend to leave the US again to renew my passport before March. When I re-enter the US, I assume my new electronic I-94 will have the 2024 date instead of the expiry date of my passport?

In general your passport should be valid for six month at the time of entry into USA, but in your case you can renew the passport in USA or get a new passport before returning to USA.
Again don't worry, even if your new I94 is issued as per your passport expiry you can still file extension based on your new approved I797.