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L1A VISA from Canada Option Question. On L1B currently and Valid I94 till 2015. Can i return to US if L1A rejected from canada

Milwaukee, WI |

I am currently on a L1B-Blanket Below are the details
Visa expired on December 2012
I am on a valid I94 till Jan 2015 (my max out date is March 2015)

My company said that they can initiate L1A stamping from Canada for me. I found that I don't have to surrender my I94 if i have to go to Canada.

If my L1A is rejected for any reason (eg. If USCIS says clearly not approvable as i only have 7 reportees) can i still come back to US on a expired L1blanket with a Valid I94. Will I have to go back to my home country.

I am aware that if i applied for L1 blanket extension and if it gets declined i have to go back to my home country. I am not aware of how it would be if i applied for L1A Visa stamping from Canada while i am on L1B.

Attorney Answers 3


  1. What does your employer's attorney say?

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  2. You should follow your attorney's advice.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com


  3. You can return to the US in L-1B status as long as you do not remain in Canada for 30 days or more.

    Please click the link below for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Know Your Rights!
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.