L1-B Extension

[Augentius292]

I have a colleague (UK Citizen) currently working in New York with a L1-B type visa that expires on April 5, 2012 . His application for extension is currently in process with USCIS. My colleague has plans to return to the UK on April 4th and return two weeks later. His intentions are to set his Visa appointment with the British Embassy while he is there, however his extension application is still in process.

My question is…will he be able to come back to US after his two week vacation with an expired Visa, but his application still in process? Or does he have to remain in the US on his expired Visa while his application is still in process?

[kabkaba]

First of all traveling while extension is pending is not recommended. Extension is precisely extension of stay and it can get denied when he is not present in the US during processing and even if approved travel creates complications. The solution is upgrading the petition to premium so that decision is received withing 15 days.

Secondly, Visa in passport and petition are two different things. He would need a valid Visa to travel to US. It only needs to be valid on the day of travel but the petition has to be valid in the future. So if his Visa has expired on his day of return he will need to apply for it using the extended petition approval notice before he can travel to US. He would have to do it at a US Embassy/Consulate in UK and not at a British Embassy. I doubt there are any British Embassies in the UK.

[shervin143]

It is not advsiable to leave the country when the extension is pendind with USCIS. The extension of status may very well get denied. And he cannot return back without a valid visa. If he leaves the country, then he should wait until the extension gets approved, get the visa stamped and return back.

If the extension comes with a new I-94 when he is outside U.S, then he should follow the below link to return it back to CBP.
https://www.immihelp.com/returning-u...4-form-to-cbp/