Fairfax, VA asked in Immigration Law for Virginia

Q: L1B extension option.

I am from India. I got my L1B Visa on May 2013 under employer's blanket petition. Its due expiration on May 2016. What are the ways for my employer to retain me for 2 more years after the expiration in May 2016. Can the employer apply for extension under Premium processing option with USCIS? How much time does this take. I am planning to travel in Feb 2016 and come back on last week of Feb. My employer says to apply for a fresh L1B visa again at the consulate in India in Feb and get a new visa stamped on my passport. If this gets rejected, what are my options? My employer is also planning to apply for H1B next year but since my L1B visa is getting expired in May 2016 I will be out of status till I get H1B approved.

Related Topics:
1 Lawyer Answer
Shan Dimitris Potts
Shan Dimitris Potts
Answered
  • Immigration Law Lawyer
  • Glendale, CA

A: Premium processing takes 15 business days. In order to apply for a new L1B petition you should have spent one complete year outside the USA. You can however apply for a L1 visa extension. Please work with an immigration attorney to help you with this process. All the best.

15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered are of a general nature only, and are not meant to create an attorney-client relationship.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.