Can I File My Extension Again on L1b
The L-1 visa is a nonimmigrant work visa that allows international companies to relocate certain workers from offices outside the U.South. to an office, affiliate, subsidiary or co-operative inside the U.S. It also allows for those employees to start new branches for their employers.
An L-1 visa extension can be granted in two-year increments at a fourth dimension up to the maximum elapsing for each visa category. The 50-1A visa for managers and executives has a maximum menstruum of stay of 7 years while the L-1B visa for workers with specialized noesis has i for five years.
These refer to the actual time spent in the Usa, which means that whatever period of time spent outside the U.S. for business or pleasure reason can exist recaptured while seeking an extension.
L-1 Visa Extension Process
The process for obtaining an L-1 visa extension is very similar to the procedure involved with getting the initial L-1 visa. Essentially, your employer merely needs to file a separate petition on your behalf before the divergence date on your I-94 expires.
L-i Visa Extension Required Documents
To file an L-i visa extension, you will be required to submit several documents to USCIS. These include:
- Proof that the beneficiary has been employed since living in the country
- Prove of the beneficiary's caste or its foreign equivalent that is relevant to his or her work in the U.S.
- Letter from foreign qualifying employer detailing the casher's dates of employment, responsibilities, and bacon in the previous 3 years of employment
- Back up letter from petitioner which includes the conflicting's salary, work schedule, job duties, terms of employment, etc.
- USCIS filing fee
- Recapturing Time Outside the U.Due south.
- In order to recapture fourth dimension spent exterior the country, yous'll demand to submit a summary of your travel itinerary, including the number of days spent overseas. Yous'll also demand evidence showing your physical presence outside the country. Examples include boarding passes, aeroplane tickets, passport stamps and other records of your divergence.
- What happens if y'all don't submit bear witness? If you fail to submit these documents, USCIS will deny your asking to recapture time straightforward and not even bother sending a asking for evidence.
- A completed I-129 Petition for a Nonimmigrant Worker
If you are applying for an L-one visa extension and you lot wish for your L2 spouse and/or dependents to have their visas extended likewise, your employer must file an I-539 form along with your I-129.
Difference Between Regular and Blanket Visa Extensions
In that location are two major types of L visa petitions: regular and blanket petitions. Only every bit they have two different application processes, there are besides two different types of procedures for the L-1 regular visa and the blanket program. The regular extension requires an application and blessing for each private beneficiary. On the other paw, the coating visa extension is for employers that hire a significant number of intra-visitor transfer employees, assuasive them to file 1 petition for many workers rather than just one.
Considering it is so important to file the appropriate paperwork for an 50-1 visa extension, it is e'er highly recommended to work alongside a qualified immigration attorney to be sure you are making the right decisions for your L-1 visa extension.
50-1B Coating Visa Extension
An L-1 coating petition is used by large companies to pre-qualify L-1 employees for a transfer. The benefit of an 50-1 coating petition is once it'due south approved, the company is able to transfer employees rather quickly without the demand to file separate petitions. L-1B blanket visa extensions may be added on indefinitely.
To qualify for an L-one coating extension petition, the U.South. company must take at least 1,000 employees, must have obtained L-1 visas for at least 10 employees in the past year and have combined sales of at least $25 1000000.
When to Apply for L-1 Visa Extension
You must apply for your L-1 visa extension before your electric current status expires. The expiration date of your electric current status is conspicuously stated on your I-94 Inflow/Departure Record. If you don't take a copy of your I-94 with you, you can access information about your condition expiration on this Community and Border Protection Website .
Your employer tin submit your extension request to the USCIS every bit early as half-dozen months before the expiration date indicated on your I-94. You can employ fifty-fifty in a month before the expiration—what matters is that your petition reaches the USCIS before your status expires. All the same, keep in listen that, when it comes to any immigration process, peculiarly visa extension, it'due south e'er best to submit your petition as early on equally possible.
Spouses and Relatives of 50-1 Workers
Transferring employees (L-1 workers) tin have their spouses and children (unmarried) back-trail them past seeking an L2 nonimmigrant status. If their petition is approved, they will be granted the aforementioned period of stay as the L-1 worker.
Even so, it is important to note that filing for an extension on your L-ane visa does non automatically grant an extension to your L2 dependents or spouse. To asking a modify of status or extension of stay under L2 status, while in the U.S., the relatives may utilize together on Form I-539 Application to change or extend nonimmigrant condition.
If you are a spouse of an L-1 worker, you are permitted to apply for work authority past filling out Course I-765 Application for Employment Say-so with the fee. Once approved, there aren't any restrictions on where the L2 spouse can piece of work.
Fifty-1 Visa Extension Processing Fourth dimension
The 50-ane visa extension processing fourth dimension varies depending on the service center that is processing your I-129 petition. If it is a popular service center with a excess, the processing time can accept viii months or more. On average, many petitions are candy in most 6 months.
Because all Fifty visa extensions require the same I-129 petition, the processing times normally do non differ. This means that the L-1A extension processing time and the Fifty-1B extension processing time will not necessarily be different considering of their classification.
What Happens to My Condition While My L-i Visa Extension Petition Is Being Processed?
Submitting your petition to the USCIS doesn't automatically extend your 50-1 status. You volition need to wait for the USCIS to adjudicate the request and make a decision as to whether or non you merit an extension.
If your condition expires while your case is notwithstanding pending with the USCIS, you lot volition have an extra 240 days after your I-94 expiration to keep working with the same company. If your petition is approved within the 240 days, the added years in the extension will start counting immediately after you receive the approval notice.
If after the 240 days, your instance is still pending without an approving or denial find, y'all can continue staying in the The states, only you lot may not be immune to go along working. Though your stay has expired, this won't be counted as unlawful presence equally long equally the case remains pending. Nonetheless, if your petition is denied, y'all will need to get out the U.Southward. immediately afterwards you receive the denial detect.
L-1 Premium Processing
L-1 premium processing is available (for an additional fee) when the employer is filing the petition. Otherwise, the regular processing fee is available. Essentially what premium processing does is provide an expedited application process. According to USCIS, your petition should be handled within 15 agenda days if yous select this option. As it stands, the current fee is $1,440.
It is important to note that opting for premium processing volition not guarantee that your Fifty-one visa renewal will be canonical. It only guarantees a 15-day processing fourth dimension for your petition. If the USCIS fails to procedure your petition, you will be refunded the premium processing fee.
From L-one Visa to Green Carte du jour
If yous are aiming to change your visa status from 50-1A to EB-1C green menu, your employer will start need to submit a Petition for Conflicting Worker (I-140 grade) to the USCIS. Assuming priority dates are current, your employer can jointly file for your adjustment of condition. If you (applicant) are living outside the U.Southward., you must await for your I-140 to be canonical through consular processing.
For those on Fifty-1B status, you volition exist required to go through the PERM Labor Certification process. You lot'll so need to file for your greenish card under EB2 or EB3 condition depending on your eligibility. A qualified immigration attorney tin aid you decide which option is most advisable.
50-1 Visa Extension Fees
Filing for an L-1A or L-1B visa extension is very similar to filing for the initial visa. Therefore the fees are also very similar. Your employer will be responsible for these costs:
- I-129 basic filing fee of $460
- Fraud Prevention and Detection Fee of $500
It is important to note that the Public Police force 114-113 fee and ACWIA fee are only applicative to the initial filing. As for the premium processing fee, it tin can be paid by either you or your employer. Depending on your situation, premium processing may or may non be appropriate for your case.
Information technology is also important to note that filing for an extension for any 50-2 dependent visas will subject your employer to a $370 filing fee for the I-539 petition.
Exercise I proceed my status if I am fired from my chore while under L-i status?
If you happen to lose your task while on L-one visa status, you need to immediately detect some other task from an employer who will sponsor you for another work visa such as an H-1B. In some instances, you may be required to return to your home country since Fifty-i to H-1B transfers are subject field to a numerical cap each year.
Fortunately, if you are able to transfer your status to H-1B, you will be given a sixty-24-hour interval grace catamenia subsequently H1B employment termination to find a new employer, transfer your status, or leave the land.
Can I Renew My Fifty-1 Visa Afterward 7 Year Stay?
While 50-1 visa holders are immune to renew their status, the overall period of stay is a maximum of seven years for Fifty-1A holders (50-1B holders can simply stay for a maximum of five years. This is the three-year initial period plus every other added year in the extension request. In one case you lot have reached the seven-year validity period and you yet want to proceed living and working in the U.S. with an L-ane visa, you will need to reapply for a new visa.
This means that you will demand to leave the United States and piece of work away for at least ane twelvemonth to exist qualified to request another 50-1 petition. Reapplying for an L-1 visa will require the same procedure as the original procedure. However, instead of exhausting your entire seven-year validity menstruation and risk existence out of status, you can apply for an employment-based green card for L-i holders , which volition beget yous the opportunity of permanent residency in the United States.
Can I Utilize for a Dark-green Card After Receiving Fifty-1A Approving?
You can receive permanent residency after being issued an L-1A visa because it is considered a "dual intent" visa. This means that, under L-1A visa extension status, you lot are able to use for lawful permanent residency without jeopardizing your nonimmigrant status. Therefore, information technology doesn't have the problems that some other visas accept (such as the H-1B or J-1) when information technology comes to transferring to immigrant status. Learn more near L-1A to EB Green Card process.
50-1 Visa Extension Denial
The USCIS reserves the right to corroborate, pass up, or deny an L-1 visa extension request. Go on in mind that rejection and deprival are 2 dissimilar things. Rejection means there are sure missing elements in your petition packet. If your petition is rejected, you have the opportunity of refiling it, and ensure the missing documents in the quondam petition are added this fourth dimension around.
However, if you receive a denial notice, this indicates that an evaluating officeholder has looked at your example and deemed either you lot, your employer, or both of you unqualified for the extension, and has thereby denied your request. A denied L-1 visa extension cannot be refiled, but may exist overturned past leveraging certain options.
Common Reasons for L-1 Visa Extension Denial
If the USCIS suspects anything suspicious from a sponsor or beneficiary of an extension petition, they tin consequence a denial discover. The post-obit are some of the common reasons for 50-ane visa extension:
- Chore Change: This may occur if you have changed job positions in the last three years and the electric current position and job description exercise not match the description of an executive, manager, or specialized employee as indicated by the USCIS.
- Suspicion of Fraud: If the USCIS suspects that your visa extension was filed fraudulently or you gave deliberate misinformation or misrepresentation in your petition, your request may be denied.
- Criminal Charges: More often than not, a past criminal record is a red flag that can affect your clearing case. Regardless of how minor the crime might seem, it may have a negative effect on your visa awarding, whether yous are applying anew or yous are seeking an extension.
What to Do If Your 50-i Visa Extension Petition Is Denied
Visa extension denial is, of grade, a big thwarting. Still, it doesn't mean the end of your petition, as there are some options to explore to peradventure turnaround the situation. U.S. immigration law gives visa applicants two options. The first is to seek a move to reopen or reconsider the case or file an appeal to the Administrative Appeals Part (AAO).
Keep in mind, however, that each of these ii options usually involves a very long process and doesn't guarantee a favorable outcome. This might eventually put you at the take chances of being out of status should your I-94 elapse while waiting for a decision.
To avoid this, you can besides consider another nonimmigrant visa alternative, provided you yet have enough time on your I-94 to process information technology. Whether you are opting for an appeal or reopening of the case or you are filing a new alternative visa, y'all will need to piece of work closely with an clearing attorney. Your attorney is in the all-time position to assistance you evaluate the denial, recommend the best pick to explore for the best and fastest issue.
How We Can Assist
VisaNation Constabulary Group's immigration attorneys tin assistance yous file an 50-i visa extension or renewal for yourself or your dependents. They've handled thousands of cases with an exceptional approval rating. What's more than, they will update you on the status of your case in a timely fashion.
Schedule an immigration consultation or get help with any other immigration-related thing.
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- L-one Visa
- L-one to EB Green Carte du jour
- L-i Visa Process for Dependents
- L-1 Visa Blanket Petition
- L-i Visa Taxation
- L-one Visa Awarding
- L-one Visa New Office
- L-1 Visa Benefits
- Fifty-ane Visa FAQs
- L-1 vs H-1B Visas
- L-ane vs Due east-2 Visa
Source: https://www.immi-usa.com/l1-visa/l1-visa-extension/#:~:text=The%20benefit%20of%20an%20L,may%20be%20added%20on%20indefinitely.
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