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1. For L1-B visa, if the visa is applied one week before expiry, will it be a problem of the receipt reaches me after expiry?

East Brunswick, NJ |

On L1-B Visa.

Attorney Answers 5

Posted

No, because you will be in a stay authorized by the Secretary until a decision is made on the application. You will not be able to return to the US after international travel until you have a new visa stamp, so traveling internationally at this point is not advisable.

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Asker

Posted

Thanks for answering my question.

Posted

I agree with my colleague ... this will be a problem.

Talk to the L company's immigration attorney.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.

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8 comments

Asker

Posted

Thanks for answering my question, Capriotti. You mean going out of the country is a problem, right?

F. J. Capriotti III

F. J. Capriotti III

Posted

Perhaps your question isn't clear and thus we are not addressing your 'true' question. If you are in the US and propose applying for an EXTENSION of your I-94 (not your visa stamp) ... then you can file at the last minute and will be allowed to continue working. But, you do not want to leave the US while it is pending. If you are out of the US and are considering making an application at the US Consul just before the L-1 petition expires, that will be a problem. In either case, you should be asking these questions of the company's immigration lawyer and not an internet blog.

Asker

Posted

The 'true' question was as I stated and it was answered. It was not clear when you said, 'this will be a problem'. So, I wanted to clarify whether you meant going out of the country. Now, I have a clear answer to my question. Thanks all.

F. J. Capriotti III

F. J. Capriotti III

Posted

Good ... I hope the answer you obtained from this thread is to talk to the company's immigration lawyer.

Asker

Posted

I am already working with my immigration team. As I wanted to cross verify, I turned to avvo.com.

F. J. Capriotti III

F. J. Capriotti III

Posted

If you already have a lawyer (which you didn't tell us when asking your question) there is no need to cross-verify on an internet blog. Sit down in-person (or via Skype) with the immigration lawyer ... not a para-legal ... not an HR person.

Asker

Posted

1. I said "immigration team", not a lawyer. 2. I could not mention that I was working with my immigration team, because the number of characters in the question box is limited. 3. I don't think it is wrong to post a question to cross-verify. I tried to find it in the US Immigration site, but could not. We trust our immigration team alright. But, if things go wrong, the individual is the most affected; not the immigration team.

F. J. Capriotti III

F. J. Capriotti III

Posted

I know you said team ... that is why I suggested you talk directly to the most important member of the team .... the lead lawyer ... not HR, nor other clerical people. No, it isn't wrong to cross-verify. Except ... your lawyer knows many more of the facts than those you stated in your question. Thus, the famous line "if you ask the wrong question, you will get the wrong answer" is very appropriate to consider. Good luck to you.

Posted

No

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Posted

you receive an automatic extension of 240 days beyond your previously authorized stay as long as the extension was filed timely and had a sound legal basis.

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Posted

Your visa will need to be valid once you are going to enter.

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