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Does denial on L1 extensition have impact on old VISA?

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  • Does denial on L1 extensition have impact on old VISA?

    Hi, my L1 extension was denied by USCIS on Dec/2011, but my old VISA on my passport has valid date till Dec/2012, can I still travel with this old VISA?

    My employer told I can, but I found one article on USCIS website seems saying the old VISA will be void:

    "If your application is denied, you may be required to cease
    employment and depart the United States immediately.
    In addition, any nonimmigrant visa in your passport granted in
    connection with your classification becomes void. Once your visa is
    void, you must submit any new visa application at a U.S. consulate in
    your home country (not a third country, except in rare instances as
    determined by the U.S. Department of State)."

    Could anyone please help me to clarify?

  • #2
    Were you in the US when extension was filed and did you leave later?
    You need both valid Visa and valid petition to travel to US in L1 status and work for the L1 employer. Do you have both?
    This is my opinion and not legal advice.

    Comment


    • #3
      Hi kabkaba, yes I was in US when the extension was filed, and I left later.
      I do have the original L1 petition documents and the old VISA(which has valid date to Dec/2012), and I will work for the same L1 employer before I leave.

      But I don't know if they(USCIS) will mark my old VISA as "invalid" in their system because of the deinal on extension....

      Originally posted by kabkaba View Post
      Were you in the US when extension was filed and did you leave later?
      You need both valid Visa and valid petition to travel to US in L1 status and work for the L1 employer. Do you have both?

      Comment


      • #4
        No, it will not become invalid. If the original L1 petition is blanket and not expired, you can use your current Visa and that approval notice to travel to US.
        This is my opinion and not legal advice.

        Comment


        • #5
          Originally posted by kabkaba View Post
          No, it will not become invalid. If the original L1 petition is blanket and not expired, you can use your current Visa and that approval notice to travel to US.
          Thanks, yes it is L1 blanket.

          Comment


          • #6
            My employer replied today saying I will have to apply new work permit & visa, as "there is a possible risk that you will be turned back at port of entry".. I am going mad now...

            here is what they are saying: "I understand this application was denied, citing lack of specialized knowledge. Given this, there is a chance that if you try to renter the U.S, she will not be allowed entry- since the underlying petition for this visa has been denied- inspite of the fact that she continues to hold an L1 visa, valid till Dec 2012 and holds a blanket petition. "

            What if I try to take the chance to try to re-enter U.S., what is the consequence if they turn me back? can I apply a new work permit after that?

            Originally posted by kabkaba View Post
            No, it will not become invalid. If the original L1 petition is blanket and not expired, you can use your current Visa and that approval notice to travel to US.

            Comment


            • #7
              Valid L1B Visa, I94 extension denied

              My L1B visa is valid till Apr'2013. But I had to apply for I94 extension since my I94 was expiring in Aug'11 (as my passport was expiring in Aug'11. I applied for I94 extension after my passport renewal). My extension was denied and I'm leaving for India. Can I now reenter the US with the valid visa I've along with the old petition which is valid till Apr'2013. Will there be any issue at the Port of Entry?

              thanks

              Comment

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