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.

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1 Lawyer Answer

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.

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