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L1A Visa Stamping Experience 2011, Chennai
Recently a good friend of mine, Babu attended L1A visa stamping at Chennai. He was kind enough to write up and share his experience with our readers. Thanks to Babu !
Background L1-A Visa stamping
I am a resident of Hyderabad, since there were no dates available in Hyderabad so I went to Chennai Consulate for stamping for L1-A extension. Below are the questions I was asked by Visa Officer (VO)
L1A Visa Interview Questions :
- How many years of experience you have?
- How long you are with present company?
- How long you have been on Manager Role with present company?
- How many people report to you in US?
- Does anyone report to your sub-ordinates?
- Whom do you report to?
- How many years you were in US?
- Can I see your Pay Stubs?
He has seen each and every Pay Stub thoroughly and returned them back.
Chennai consulate is not crowded as it used to be 2-3 years back. If you go 30 minutes before the interview also, they will allow you to go inside. They have token system for each counter, overall you will have to go at 2 counters only. The whole process is not taking more than 30 minutes. My visa stamping went well and got my passport in a week.
You may also check out – L2 Visa – How to Apply for EAD Card
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{ 147 comments… read them below or add one }
I have 11 years 6 months experience and am MCA.
My company is filing an L1A – Blanket petition.
I would be working as a project manager managing 10 associates at onshore and overall 50 associates at offshore.
I had previously L1A – Blanket petition and had visited USA.
What are my chances of getting the visa approved ?
Ajay,
I think it might get approved. You already held L-1A previously, so it should not be that difficult. Besides you are managing a big team which would support the case for L-1A. I have seen lots of rejection due the blanket petitions being filed instead of individual petitions. Most of them were for L-1B, so I don’t know how it is for L-1A blanket.
Hi Saurabh,
My L1 B Petition [I129] got expired in April 2011 and I got it renewed till April 2013. I am planning to visit India in August 2012 and wanted to know is it good to do so. I heard that L1 stampings are having a high rejection rate. Is that true? Please advise on the things I need to take care for my L1 Visa stamping
Ramesh Thippana,
Most of the rejections are due to job not requiring use of employer proprietary tools/applications/knowledge etc. If you indeed are using one of those things, then stamping is comparatively safer.
Hi,
My employer shall be applying for L1B next month. I shall be completing 1 year in Mar 2012 with my current company and I have a total of 5 years and 6 months of experience. I work as a Senior SAP functional consultant in which I implement the company’s current processes in SAP platform. My knowledge is more specific to company’s procedures and processes rather than a proprietary tool. I have a decent salary in India as well the one that shall be offered in US.
Would like to know the chances for approval.
Thanks,
Rahul
Rahul Sharma,
If the services you are providing can be provided by someone not employed by your employer, then they are not specialized enough for the L-1 purpose. It would also depend upon how your employer submits the information and how USCIS case officer reviews it.
Thanks Saurabh!
Hi Kumar/Saurabh,
I had applied for L1A and got my passport today with visa stamped.Officer at the counter has said that he is approving me for L1A. The 129S return to me has cross mark on “approved as Manager/Executive”. However in my passport where the visa is stamped, against Visa class it is written as just L1 and not L1A. How do i know that it is L1A?
Thanks
Neeraj
Neeraj,
The visa stamp generally says just L1 and doesn’t mention L-1A or L-1B. Your I-129S note should be enough to show that it’s L-1A.
Thanks Saurabh
Hi Friends,
An update from my side.
My L1B expired in Sep last year.Applied for L1A COS .Received RFE exactly after 35 days.Filed RFE response after another 80 days.Finally approved last week.
It took 160 days to get approval from the day extension was filed.
Congrats ram134.
Hi Saurabh,
Pls let me know my status in this scenario.
My H1 with employer X is approved with COS couple of weeks ago.But I’m still continuing on L1 with employer Y since I didn’t get any best offer on H1. Also as my L1B was expired in nov last year, my employer Y had filed for L1A COS and it is approved last week ( A week after H1 cos is approved).
1. Now that my L1 is approved, I believe the latest COS would be effective which is L1.Is this understanding correct? If Yes, how would I explain USCIS about my status between H1 COS and L1 COS incase of any questioning in the future?
2. If I want to work on H1 after a week, do I need to apply for COS again for H1?
If Yes,can how many days and how much cost will it take to get h1 cos?
And what is the chance of getting COS approval?
3.Can I work on H1 during the time my H1 cos is pending?
Thanks
Vinay,
1. Yes, you are on L-1 status as it’s COS got approved later. Legally, you should have been working for H-1 employer during that one week. However, as it is just 1 week it can be reasoned w/ USCIS later (if questioned). You can tell them that you were trying to wrap-up existing projects, move to H-1 location etc – these are reasonable explanations, and I think USCIS should accept it as it was for just 1 week.
2. Yes, H-1 COS needs to be applied or you can go out of country and get H-1 visa stamped from a consulate. COS would cost $290.00. Chance of approval will depend upon whether you have been maintaining legal status, and whether USCIS thinks that you will be able to maintain status when on H-1 through that employer.
3. No, you need to work on L-1A until COS gets approved.
Thanks Saurabh.Can it be possible that L1 is approved w/o COS since I already had a H1 cos? If possible, do you think that L1 can be approved since approval of L1 is not valid as I;m already an employer of H1
Ram134,
Did your L-1A approval came w/ an I-94 attached? If yes, then COS has been approved. Else your status is still H-1. Did H-1 come along w/ I-94 attached?
Initially H1 came with I94 and after a week L1 came with I-94.So any idea what would be latest COS and can I work on H1 now?I’m still with L1 company
Ram134,
If both came w/ I-94, then it should be the one that got approved later. As L-1 arrived later, it should be L-1 status at the moment (unless there is a chance that L-1 was approved earlier but got delayed in transit and H-1 was received earlier). You will have to file COS to H-1 in order to work on H-1.
Thanks Saurabh
Saurabh, since my latest status would be on H1 now, Do I have any time limit within which I need to apply for H1 COS (Remember I already got h1 COS once before L1 COS)? Like can i do it after few months?Will it cause any problem if I take more delay in applying for COS?
Ram134,
Yes, it will cause a problem if your current status is L-1 but you work for H-1 employer. Talk to your attorney about it, maybe they can follow-up w/ USCIS to know what your current status is and how it can be put back to H-1 w/o any issued.
Hi Saurabh,
I’m working for Indian company X, I had applied F1 Visa in the year 2008 and it was refused. In March 2011, my company had applied for B1 visa (for training) and it was refused again.
I am associated continuously with company X since Jun 2005. My company had filed L1A individual visa petition which is approved from USCIS recently in the month of Jan 2012. I am planning to schedule my visa interview in the end of Feb or Early March 2012.
Would there be any issues at the US Consulate-Mumbai because of these multiple rejection? Please suggest me what are the chances of getting L1A approval.
Thanks in advance.
Pinky
Pinky,
Past rejections may or may not impact your L-1A visa stamp depending upon the reason for rejection. If they were rejected b/c you were found to be potential immigrant, then it shouldn’t impact as L-1A is a dual intent visa. However, if they were rejected b/c you submitted false documents or lied to the officer, then it can. Other factors that determine the outcome of stamping include your profile, your employer’s credentials and relevance of the job to L-1A visa.
Thank you Saurabh.
Hi Friends,
Just wanted to check if anyone who applied L1B extension from US, got approved.
All the cases for L1B extension are going in RFE. Just wanted to check if anyone here was able to get L1B extension approved after responding to RFE in 2011-2012.
-Raj
Raj,
I have few friends whose L-1A were extended while being within US. With L-1B one really needs to show use of employer proprietary skills/tools/applications etc, and that’s the cause of most of the rejections.
Hi,
I have Msc Comp Scince through distance education got the degree in dec 2011.
And i have 9 yrs of IT exp wiht reputaed orgs o my question is weather i will be elgilbale for L1 Blanket Visa?
shailender,
Are you planning to work on employer proprietary tools/applications/technology/skillset in US? If yes and if you have worked for the current employer for at least 1 year, then you may be eligible for L-1. These days L-1 blanket has a higher rejection rate, so you may want to discuss that w/ your employer. When one is eligible, L-1 individual is a much safer option.
My petition got filed on Nov 2nd 2011 in Vermont service Center.
For L 1 VISA..
The processing time is the same as the H1B that I see you guys talking about?
tks
As per the USCIS website, processing time for I-129 for L visa is 1 month (as of Nov 30). In reality it can be much more but I doubt if it would be like H-1 i.e. 4-6 months.
Thanks Saurabh!
Saurabh,
Our Visa was APPROVED on jan 30.
Congrats Jessica.
i am on h1 visa and my wife also apply for L1A visa, right now she is on h4 visa. On November 17, 2011 they received her file but untill today date 02/21/2012 its showing intinal review. did u get any update for your file or u have any idea how long it will take
Hi Saurabh,
I got my L1A visa rejected in Hyderabad in Sept 2011 and I have been asked to come with an L1 Individual
My employer has now filed the petition for L1 Individual under Premium processing. There was an RFE in the month of December for which we have submitted the necessary documents by Dec end.
* How long would the USCIS take for responding to my petition?
Also i am scared now as we see a high percentage of rejection rate.I do have a valid B1 but have not traveled on it.
* Would this again raise any questions for L1 visa?
Please suggest me if i have any other best options. Your advise will be highly appreciated.
Thanks
1. It should have been processed within 15 calendar days as it was filed w/ PP. Check w/ employer if they have received any response, and when exactly did USCIS received the response.
2. No, it won’t. Most of the rejections are around employee not being eligible for L-1 visa. This visa can only be applied if a person is planning to use employer proprietary skills/tools/application/technology in US. For more commonly available tools and skills, H-1 should be applied.
Thank you very much, Saurabh for your reponse.
I have checked with our Immigration team and found that they have responded on 6th of Jan 2012 and it has been more than 3 weeks and still have not received any reply from USCIS.
Is there any chance that they have kept in hold or any other status?
Do you know when USCIS received the response? If it has been more than 15 calendar days since USCIS received the RFE response, your employer/attorney should contact USCIS and follow-up.
Thanks Saurabh
After following up with the USCIS, the Immigration team just told me that my L1 Individual Petition has been approved.
My L1 blanket was rejected and I was told to come with an L1 Individual. Will this have any impact on current L1 Individual Visa Processing/Interview?
Swathi Kotagiri,
Blanket rejection will not impact you, as long as you didn’t falsify any documents. Also, if asked about the past rejection, be truthful to the best of your knowledge.
Hi Saurabh,
I got my L1A visa rejected in chennai.I have been asked to apply for another Visa. I cant wait till October to go US with H1B visa as i will lose my project if i dont travel within a month. Also i am scared to apply for L1 Individual bcoz it will delay my travel and also high percentage of rejection rate.Can i now apply for buisness visa – B1(3 months) or especially B1 in lieu of H1B where i can work for six months then i will come back india and go with H1B visa ??? Please suggest me if i have any other best options. Your expert advise will be highly appreciated.
It is pretty tough to get B-1 in lieu of H-1 these days. But your employer can try.
But how far B1 visa is possible to get??? because of L1 A rejection , will they dont consider application for B1 visa or what is the right option now as its very critical to travel….. Also can we request Client from US to write a letter to US Consulate to reconsider L1 A visa again as its very critical for the project??? Please suggest some good option. Your expert knowledge is highly appreciated.
Each visa has it’s own set of requirements. Just b/c one has urgent need to travel to US, doesn’t mean any available visa can be applied. L-1A can be applied only for executives etc. Will you be working in that role?
L-1B can be applied when one works on employer proprietary tools/applications/technology. B-1 can be applied for attending meetings, trainings etc. For all other technologies and work, H-1 is the right visa.
You need to see what your duties will be in US, and what visa allows you to work on that visa.
Hi Saurabh,
Thanks for your input.I Understand different visa purpose.
Yes , I will be working on manager role . My visa L1A Blanket was rejected saying to apply for a different visa. Manager and above designation in my company are not allowed to file for H1B and thats the reason i have filled for L1 A Blanket. Visa Processing team is going to take this case strongly to US consulate while applying for L1 A individual.
1.How feasible is it to get L1 A individual stamping if my petition is approved?
2.I know premium processsing takes 15 calendar days but is it the time that we apply for L1 A individual process documents till the time we get stamped???If i apply my indivual visa through premium on feb1st on which date i will get my visa stamped???
1. Individual visa has better chance of approval than blanket.
2. Premium processing is only applicable to USCIS. So once you have completed all the documents and the same are received by USCIS, they would adjudicate it within 15 calendar days. Once the petition is approved, rest of process would happen in regular flow (no expedited process available). In other words, the time it takes for visa stamping etc is not covered under PP.
Now my company is going to apply for L1 A individual visa. I got just two blank pages in my passport . i wanted to renew my passport before i apply for my L1A individual petition. So i applied for takal but they require some IPS officer & IAS officer attestation .
1. Can i apply petition for L1A individual Visa – Premium processing with two blank pages in my passport?
I don’t know the right answer as there is no information provided by the consulate w/ regard to this. Unless you have to go for L-1A visa stamping ASAP, its better to get a new passport and then go for stamping.
Hi saurabh,
I am on L1 B and my visa is getting expired in Sep07 2012.I am planing to travel to india in March 2012 and will return to US in 2 to 3 weeks .Will there be any issue at POE during re-entry.
Thanks
There should not be any issue related to your visa expiration date. You should also carry your recent payslips, I-129 and other employment related documents.
Saurab,
I have a bit complicated issue. Recently my H1 from company A is approved with COS.my L1 with company B has expired long back and I’m waiting for the final result for the RFE response filed last month for L1A COS.Although my current status is H1, I’m still continuing with Employer B,just to wait from some good offers on H1.I was told by some of my senior legal people that although my status is H1,it doesn’t matter whom you are working for.my H1 would actual starte effective from the day my pay check gets generated from Employer A.But I’m still not confident if I can currently work for Company B legally.Please provide your advice.Also if l1 COS is approved after a month will my status become L1 again?
IMO, once your status has been approved w/ COS, then your status is H-1 from the date. You should no longer work for B and start working for A.
If L-1A COS now gets approved, your status will become L-1A from the COS approval date.
Saurabh
Could you please answer the following questions
1.My H1 is approved w/o cos.since I’m currently on L1,can i apply for h1 cos anytime or is their any time limit before which COS needs to be applied/approved?
2.How much does it cost for applying just COS only for H1 and the duration it takes for status change? I have same question for L2 to H4 COS as well
3.If COS is changed to H1, I think I can’t work on L1 anymore. Do I have any duration here before which I need to start working for H1 and stop working for L1.
1. It can be applied anytime after the petition has been approved
2. I don’t remember the cost, you can check on USCIS website. It’s form I-539
3. You need to start working on H-1 from COS approval date. A week overlap is still ok, but anything more than that can lead to questions from USCIS in future, which you will have to answer to their satisfaction.
Thanks Saurabh. Based on the current scenario, how many days will it take for COS to come into effect for H1 and L2 to H4 once applied?
Usually it takes around 2-3 months to process.
Hi,
I recently got my approved(Jan 2nd 2012) petition for my L1 Regular after clearing RFE. Now i have situation to go to India and return back. I definitely need to go for visa stamping in India, do we have any risk or it will be smooth. Please advise.
Approval of petition doesn’t necessarily mean stamping will go through smoothly as well. At times, visas are rejected even if the petition has been approved. So take it as seriously as your petition processing.
I got my L1B rejected in July last year.
My H1B is approved and I will be going for interview next week.While filling DS160 is it necessary to mention about my L1 rejection? As I have come to know that L1 processing is done differently and it won’t be an issue if I don’t mention it while appearing for H1 interview.So my query is whether they maintain a record of L1B visa filers too and not mentioning about it is a good idea or not.Am confused and really need advice..
Thanks in advance
If your petition was denied, then you don’t need to mention it. If your visa was denied, then you do have to mention it in the DS form. They already have that information in their system, and hiding that information will do no good to your case.
Thanks Saurabh,
I got 221 issued during my L1B Visa interview.My petition was approved.
What should I do now? I have already filled my DS160 saying that I have never applied for any non-immi visa before . Do they have a record of all approved L1 petitions as well?
Yes, they would have that information. Try to fill another DS form w/ correct information. Having a past rejection doesn’t always adversely impact H-1 stamping, but lying on DS form will impact.
Dear Saurabh,
I am on H1B working as sr project manager and 6 months left in my completion of 6years of stay in US. My company has agreed to file GC but the confusion is which is the best option of file.
Q1-Is it safe to transfer my status from H1B to L1A and then file for GC. Please note that I have stayed for 5.5 yrs continously in US.
Q2- Is it possible and safe to file EB1 as international mgr in my current scenario coz normally I have seen Eb1 is filed only via L1A.
You are cutting too close to the limit. Looking at how less time you have left before the 6 year clock, it’s better to file it on H-1 so that you can become eligible for 7th year extension.
EB-1 may not be possible, but based on your experience and job description, you may qualify for EB-2.
Thanks for your response Saurabh, considering that I am ready to go out of US to Canada for few months while my GC processing is in progress. Please advise if it is okay to go for L1A to GC route. What have been the success rate for converting H1b to l1A cases.
Is H1b to EB1C possible with my current role, I have 13 yrs of exp, with 1 yr outside US as PM before coming to US.What are success rates in such cases.I am not eligible for EB2 as I dont have Masters.
Out of above two scenarios which would you recommend as the safest and fast option.
Thanks in advance.
I don’t know the success rate, as each case is different. It is better to talk an immigration lawyer about it who can look at the profile and offered job and then suggest the best route.
You may be eligible for EB-2 if you have done Bachelors and have at least 5 years of progressive work experience prior to joining current employer.
Hi Saurabh, I have a query. I am in US on L1B with my wife and kids on L2. If I apply for H1B in April 2012 when should H4 be applied for. Should H4 also be applied at the same time H1B is applied OR should this be applied after the approval of H1B visa by USCIS? Also should H4 be applied by the same company applying H1B or will that company ask me to apply for H4? If my H1B visa is approvd with COS is this applicable for H$ also OR should separate COS be applied for H4 dependents
H-4 needs to be applied along w/ your petition. If your H-1 is filed w/ COS, then the H-4s should also be filed w/ COS. Yes, COS filing fees need to be paid for all dependents. Your employer can either take care of that fees, or may ask you to pay for it. Remember to let the company know about dependents, as I have seen instances where companies forget about the dependents and they are left out of status.
Hi Saurabh,
I have seen in one of your another reply that it costs $1225 for PP Processing. If I apply for H4 with COS along with H4 with COS – all in premium processing, will that be just one $1225 OR $4900 (i.e. do this amount need to paid for each for my family for 4)
I think each applicant will have to pay for their own PP fees.
Hi Saurabh
My L1B visa and I-94 expired in sep’11 and my company applied for L1A (COS) this time.At the same time my H1B is getting processed from different company. Currently both my H1 and L1A are in RFE status.Its been more than 3 months since my RFE response for H1 was filed. L1 RFE repsonse was filed a month ago.
Will my H1 impact L1 or viceversa since L1A is for managerial and H1 is mostly for technical?
Also incase H1 gets approved first and L1 gets rejected,can I apply for H1 COS and work for H1? I came to know that since my L1 visa is expired before Oct1st 2011,I can’t work for H1.How far is it true?
They can go in parallel. Do you know what the RFEs were about?
You mean, your H-1 wasn’t approved w/ COS? If your L-1A is denied and H-1 approved w/o COS, then you will have to leave US ASAP. You cannot apply for H-1 COS now as your I-94 has expired. You need to leave US as soon as your L-1A COS is denied irrespective of what happens to your H-1, as it was filed w/o COS.
If H-1 was filed and approved w/ COS, then you can work on H-1 once it is approved.
H1-proof of L1 extention; L1A-more proof of managerial roles.
Well,I was told by my H1 legal that H1 can’t get approved with COS unless L1 is approved first.Based on L1 approval,they will approve H1 COS.
Was your H-1 filed after your L-1 expired?
No.It was filed before L1 expired
Hmm, then that RFE should not have been issued as you were in valid L-1 status at the time of applying.
What did your employer respond to that H-1 RFE?
probably the office would have thought that because my L1 expires before Oct1,he needs to check my status for the month of sep.not sure
Saurabh,
My H1 is approved but yet to receive notice.So not sure whether it is with COS or not. L1 COS is still pending.If L1 COS is approved later on, which approval takes precedence?
If L-1 COS gets approved now, then it will take precedence.
I appreciate your prompt reply.My last question on this topic for sure
Is the following scenrio possible?
My company has filed for H1 COS before my I94 expired(in sep).If my H1 is approved with COS but L1 is rejected later on,Can I still work with H1 COS?
Yes, if H-1 is approved w/ COS and L-1 COS gets denied, then you can continue working on H-1.
Hi Saurabh/Kumar,
I was in the US on blanket L1B visa for about 3.5 yrs. I had to come to India on an urgent basis due to personal issues. When i left from the US this time, my blanket L1B visa was expired already but i had my I-94 validity till Nov-2013. So, my company said they cannot apply for extension as i have valid I-94 and asked me to go for fresh blanket L1B if i come to India before Nov-2013. And, i did go for fresh blanket L1B stamping (noticed that my new blanket L1B petition number was similar to my old blanket L1B petition number) but it got rejected saying my company has to apply a different visa for me. When i updated this to my employer, they said they can file for Individual L1B. Qtn-1) Can you please provide your suggestion as in the success rate of my Individual L1B getting approved…
Qtn-2) Are there any premium processing for Indiviual L1B and generally how long does it take…
Qtn-3) what is the duration i will get for this Individual L1B because i have stayed in the US using blanket L1B for 3.5 yrs (returned to India in Nov-2011)
Qtn-4) Can i apply for L1A visa…
1. Are you using company proprietary tools/applications/technology in US? If yes, then L-1 individual may get approved, else H-1 is the best option
2. I think so, and it would take 15 calendar days to process.
3. 1.5 years as a person can stay in US maximum of 5 years on L-1 visa.
4. Based on your profile, you may be eligible for L-1A. If you are working as an executive, senior management level etc then you may be eligible for L-1A.
What will be the exact work you will be doing in US?
Hi Saurabh,
My company is filing an L1 B for me. Below are my qualifications:
1. B.Tech from ECE dept.
2. total it exp= 2 yrs 4 months
3. worked for same client = 2 yrs 4 months.
Keeping in mind about the high rejection rates, can you please give me a heads up of my chances…
Chances of L-1 success depends upon the technology/applications/tools you are using. If those are specific to the employer and not known commonly outside the employer, then L-1 has better chance of approving. So if you are working on technologies like Java, .NET or doing testing, then L-1 is not the right visa for you.
What’s your specific experience w/ employer specific tools etc?
Thanks Saurabh for the swift response!
In fact we do not use any proprietary tools in our project, though we have many proprietary tools. But I very good at both the technical and application knowledge.
Also I have some knowledge about the said company’s proprietary tools, so can i project them?
Thanks & Regards,
Suri.
L-1 can be filed only if you plan to work on those proprietary tools in US. If you project that you want to use those tools, and end up not using them in US, then that would misusing the visa.
IMO, L-1 should be filed only if you really will be using those proprietary tools in US; else go w/ H-1.
Oh! thanks Saurabh!
So can i opt for H1 with the above qualifications. if so what will be the chance of success in my case..
Thanks & Regarsds,
V Suri.
You look qualified for H-1. Chances of success will not only depend upon your profile, but also on employer’s credentials and offered H-1 job requirements.
I am on L1 B VISA and recently submitted my RFE for L1 I-94. My 240 days are ending in Feb 2012 . Is it OK if I travel back to India now and wait for the final decision from USCIS. After returning to India , my case for L1 B extension will be valid or not?
Thanks for your help.
Regards,
Ambu
If you return to India now, your L-1 extension would continue but I-94 extension would be abandoned. You can wait for it’s approval in India. Once approved, you can go for L-1 visa stamping (I am assuming it expired along w/ L-1 petition) and then travel to US to work on L-1.
Thanks Saurabh…
Yes VISA and I-94 date was same. One last question, Can I apply fresh L1 B after reaching to India?
Regards,
Ambu
Yes, that is also a valid option.
Hi Saurabh,
I got my L1 B Extension approved yesterday. I have to return to India and I am having ticket via NY->LONDON->DELHI (India). My passport stamp visa doesn’t refelect current validity.
Is it advisiable for me to travel via this route or I should opt for new ticket NY->DELHI (India)?
In case I need to use existing ticket NY->LONDON->DELHI (India) then what papers I should carry with me. Please advise.
Regards,
Ambuj
I read sometime ago, one needs to have unexpired US visa stamp in their passport if they want to travel through Europe, or else have transit visa stamped in their passport.
You should check w/ your airline and UK high commission in US if you can travel this route or not.
Hi Saurabh/Kumar,
I am the Manager in a Trading company in Kuwait, supplying equipments to US government offices in the middle east , for the last 6 years . we have 3 employees in our office . we are planning to start an office in US, to cater to the offices in US , are we eligible for an L1A visa. Is the low number of employees in Kuwait office a drawback for eligibility.
I don’t have the links available w/ me right now, but you can search for L-1 visa and USCIS. One of the search results would be from USCIS website, which has information on what companies and employees qualify for the L-1 visa program. That can provide you more direction.
Saurabh,
1) Can you tell me how many days one can stay in US from the day his L1 I-94 expired and till the date his extention decision is pending?
Is it 180 days or 240 days? I see its 180 days in most of the forums.Please confirm
2) I’m still waiting for L1 response.My RFE response is already filed.I guess till the time I receive my final result,my total duration of stay in US may exceed 180 days.
Will this be fine incase my petition gets rejected considering that I stayed beyond 180 days?
3) If it gets rejected at 178th day,I would be needing atleast 2-3 weeks of time to leave US which again exceeds 180 days.Again is this considered illegal since I crossed the 180 mark?
4)While I’m waiting for my final decision after my RFE was responded, as a backup can I start my paper work to schedule a VISA interview in India? The plan is once the extention gets rejected, I can go back to India and gets L1 stamped again probably within 2-3 weeks and come back to US.Is this practically feasible?
Thanks
1. 240 days
2. If your decision is still pending after 240 days, then you will have to leave US
3. Yes, anything after 240 days would be considered illegal stay.
4. Yes, you can do that.
Thanks Saurabh.Good to know that its 240 since I’ll be having enough time to receive my decision
Hi Saurabh,
I’m on H1B working on a fulltime I.T. job . My education is 10+3 yrs Diploma in medical Electronics+ 2 years Post Graduate Diploma in Business Administration from India. I could see from few online forums that GC processing is tough based on Diploma without degree.Do you think, I’ll be qualified for EB2/EB3 or none of these? I don’t have 4 yrs bachelors degree which I believe is the GC criteria. Also, in such cases, how the 4 years bachelors degree equivalence is usually done? Is it by evaluating (1) 3 yrs diploma itself against 4 yrs U.S. degree (2) 3 yrs diploma+ experience=4yrs degree or (3) Diploma+PGDBA ( although it is not in Technology; but Business Adm field)=4 yrs degree? Your thoughts on this please…
Thank You.!
I am not sure. You will have to check w/ an attorney.
Ok. Np Saurabh.. One more question:
If EB2 gets rejected, can I refile under EB3? Also, if the rejection happens when I already crossed 5 yrs stay in U.S. ( only few month left to reach 6 months cap), does it impact my stay in U.S. or refiling under EB3?
Any thoughts..?
One can refile under EB-3 if EB-2 gets rejected. However, I am not sure how it would play out when you have only few months left to your 6 year cap.
Hi Saurabh,
My employer has received an e-mail notification that my petition got approved with Premium Processing on 29th November but still they have not received the hard copy of I797 document. Do you know generally how many days USCIS takes to ship the hard copy of the approval notification to US petitioner address?
Regards,
Mandar
Usually it takes 1-2 weeks, but USCIS wants petitioners to wait for up to 30 days before contacting them for update. Your employer/attorney can make the call and contact USCIS.
Hi Saurabh,
I am in US and currently applying my L1B extension. Visa and I-94 expires end of this month.I know once the extension is filed one can stay on approval notice for 240 days.
There is 3 years bar period if one stays in country for 180 days illegally and 10 year bar if one stays for 365 days illegally.
If the visa extension is denied, when does one start accruing illegal days?
1.The illegal day 1 is counted the day extension got denied?
OR
2.The illegal day will get counted after the date I-94 got expired?
Please help.
There are 2 schools of thoughts for this and they are split over the options you have mentioned. IMO, it is from the date extension is actually denied, else it makes no sense for them to grant 240 day grace period when illegal stay needs to be calculated from I-94 expiration date. You should check w/ a lawyer as well.
Hey Saurabh,
My friend is working in L1B in the US and applied for extension. It went into RFE and he needs to submit the RFE documents by this month end. What/How is the approval rate for L1B extension in Chennai?
Fearing of denial, his manager also advised him to go back to India and apply for L1 Individual. Would that really work? Whats the trend with L1 Individual visas approval?
Please advice on the same. Thanks in advance.
He applied for L-1 extension, which means he is already in US. That process is being handled by USCIS and not any Chennai office (there is no USCIS office in India). Off late, rejection rates of L-1 have been pretty high
L-1 individual has better chances than L-1 blanket. He can try from India, but that may or may not work. Is your friend really using tools/applications/technology specific to the employer? If not, then there is a high chance of L-1 rejection (blanket and individual).
Yes Saurabh, he is in US now, applied for extension and it went into RFE, but his managers gave this advice saying ‘do not submit RFE documents’ and to withdraw this petition as it is and go back to India and apply for a fresh L1 Individual visa.
Well the technology and tools and applications he uses are specific to employer but those are also used by other companies. No niche skills to be specific.
In that case there is a strong chance that his L-1 will be denied in India as well. USCIS is coming hard on misuse of L-1 visa and unless a person uses tools/applications/technology that is specific to employer and to employer only, L-1 cannot be approved.
Hey Saurabh,
1.Which is best? Applying for L1B extension stayin in US itself or going back to India and applying for fresh L1B. Current situation is visa expired and also applied for extension and petition is in RFE status. Manager says to withdraw petition and not to submit RFE documents and go back to India and apply for new L1B.
2.I-94 is expired and extension for L1B is applied and petiton no. is received and current state is in RFE and USCIS given date to reply for RFE is jan 14 2012. So with this current scenario how long can we stay in US? The extension document says one can stay for 6 months once a new petition is applied. Please clarify.
1. Applying from India is better (in my opinion)
2. You can stay in US until Jan 14 2012 at which point your L-1 is as good as rejected b/c of not responding to RFE.
Hey Saurabh,
How much time would it take approximately to get a reply from USCIS for responding to a L1B extension in RFE state?
I don’t know the latest processing times, but I think it should be around 2 months or more. What have they mentioned on their website?
Please let me know if I am eligible for L1B Blanket Visa with the below educational background.
- I have completed B.SC Computer Science and M.Sc Information Technology.
- I have 10 years of IT experience with 7 years in the current company.
Regards
Babu
More than this, do you have the skill set (specific to employer and not existing outside employer) for which L-1B blanket is being filed or has already been filed. In case of L-1, the onus is on whether the person has knowledge of tools/application/technology that is specific to employer. BTW, there is a high rejection rate of L-1 blanket these days.
Thanks for the response.
I do have specialized knowledge but I just want to make sure that my education meets the criteria for L1B Blanket.
Regards
Babu
You look covered on that front.
Thanks.
I do have very specialized knowledge on the Client Tools/Technology/Standard/Process as I have been working for the same client for almost 5yrs. Can I explain these as specialized knowledge?. Or does it has to be only the tools/technology of the current employer. Please clarify so that I could prepare accordingly.
It has to be related to employer and not client.
Can I show my technology skills of many vendor products as a specialized skill?. Or does it really needs to be only employer tools?.
Regards
Babu
It has to be employer tools and not vendor products.
Hi Saurabh,
I’m working for Indian company A, recently another company B approached me and had filed H1B visa petition for 2011-2012 which is in review at USCIS, this i’v not yet informed to my current organisation A as i’m still continuing with company A. Now my current employer wants to apply L1A blanket visa for me.
Is it possible to file multiple petitions (H1B and L1A blanket) for a single person. Would there be any issues at the US Consulate for these multiple petitions, , from two different organizations
Please suggest me how to proceed further and let me know of the possible causes and consequences, if i proceed further with both petitions at the same time.
Thanks in advance.
Mahendra
Those two can go on in parallel as they are for different companies for different jobs. Depending upon which petition gets approved, you can go for that visa stamping.
Hi Saurabh,
I am working in US on H1B . My wife has been trying to come here on H1b but nothing has worked out so far. With the H1b cap reached for the year it will take another year before anything moves forward. Is there a way I can convert from H1B to L1 and then bring my wife on L2. I am looking for L2 since it would allow her to be employed. Please suggest if H1b to L1 is possible ( I know its not advisable), but if my prime intent is to bring her here on a work visa, is it feasible for such a conversion?
Thanks a lot!
It will be tough. L-1 has it’s own requirements:
- You should have worked for that employer for at least 1 year outside US in past 3 years
- The job should require use of tools/applications/technology specific to the employer (skillset not available outside the employer)
If you satisfy those conditions, then employer can try to file L-1 for you. Else, you need to remain on H-1.
Thanks Saurabh,
What if I change to L1 from H1b through the same employer? Does the first clause still hold good? My H1b is valid till 2013 sept and I will ask the same employer to now file for my L1. I have been working with them for more than a year now.
Appreciate your input! Thanks again.
Yes, it still holds true. Remember, you need to be working for them for at least 1 year outside US.
Hi,
My employer has filed my H1B petition for 2012 quota in early Nov 2011. I have submitted all the required documents including client letter on client letter head. Recently client has changed their name but still using old letter heads. Does that make any problem for petition approval? Do I need to submit any other document for this?
Please advice.
Thanks
Mandar
I don’t think it would impact. In case USCIS need more clarification, they would issue the RFE and your employer/attorney can submit the necessary explanation.
Hi Saurabh,
Thanks a lot for the information. One more question.. what are the documents required at the time of H1B stamping in Mumbai? I am currently working with one of the big 5 companies like (Infy, IBM, TCS, Wipro, Cognizant).
Regards,
Mandar
Your documents (experience letters, resume, degrees, mark sheets etc)
Employer documents (wage reports, tax returns etc)
Immigration documents (797, LCA, I-129)
Project documents (SOW, client/project information, contracts etc)
Hi
Do you answer queries related to L1B visas as well?
Yes, I can try.
Hi Saurabh/Kumar,
I am going in H1b visa stamping this week but I m confused about one thing i.e in my offer letter it is specified as senior s/w engineer whereas in my LCA it is specified as s/w engineer, when I asked about this to my manager he said its not a big problem you get your visa stamped!! Can you please tell me will it affect my visa get stamped. plz reply! Thanks in advance. And I will not forget to share my experience with our readers.
I have already replied to this question in your other post.
Good luck!
Hello Sir,
I am Siddarth Surana , currently pursuing B.TECH from ECE department.
This is my 4th year.
Sir my ultimate goal is to do MS in US and do further research, I have registered to take GRE on 19th September. On the other hand placements have started in our college.
I am a bit confused on whether I should go for company placement(already started) or dedicate my full energy for GRE prep.
Siddarth,
My view is that it is always good to have backup plans and options at hand. It would be nice to have a job offer at hand right, just in case ? Getting a job on campus is much easier…If you think you cannot focus on both, just postpone your GRE by a month and prepare for placements…
Nice Share
Hi Saurabh/Kumar,
When my attorney filed for COS from L1-B to H1B,Original H1B Petition was approved and no I94 attached through PP and mentioned in mail go for visa stamp. But attorney had amended new petition since i am in US. then i got RFE later evidence provided 26th July. Newly amended Petition was denied yesterday more over my L1 was also expired on Aug 2nd. Now i am wrapping up things and move to India. My employer suggests me to go for Delhi Consulate for stamping b’cause having a valid H1 B petition. The rejection for amendment was employer-employee relationship evidence properly was not provided. now i am working on to get the end client letter along with vendor letter then my employer. My question is , i am from chennai, i do n’t have a proof for state of resident delhi. In this case, is advisable to schedule for Delhi Consulate? my employer prefers to go for Delhi rather than chennai Consulate due to more rejection.
then what is the possibility of getting visa stamped?
I have the pay stub for the month of April, May and June 2011 ( all through L1 B employer ). i do not have for July. due to the new amendment petition, my employer has not generated the pay stub for july once Original H1 B approved with no I94. how do i manage if any questions raised? It would be great if you provide me what are the things i need to follow to avoid the visa rejection.
Thanks
Dev
Last I checked a person is allowed to go to any consulate for stamping. So you can go to Delhi as well, but check VFS site for latest information. You were on L-1 in July, and so you need to have payslip for that period.
For successful stamping you would need:
- client letter, project details etc
- payslips for your last few months in US on L-1
- other documents related to employer and yourself
You can get the information on documents from one of the articles written by Kumar on the blog.
Thanks Saurabh,
Can you please share that link here? I tried in Archives.. Probably i overlooked.
Thanks
Here you go: H-1 Document Checklist
Hi saurabh/Kumar
Does US debt crisis will impact in H1b visas issuance? Will they be more strict this time with regard to debt crisis? What do u think?
I think they would do a more close scrutiny of the filed petitions especially those filed for consulting firms. They would really want to make sure the person has a real job w/ the employer (i.e. a project) before they approve petition or issue visa.
I wouldn’t be surprised if there is another law passed to increase the H-1 fees in order to fund immigration expenses.