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

Asked over 1 year ago - 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. Carl Michael Shusterman

    Pro

    Contributor Level 20

    14

    Lawyers agree

    Answered . 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... more
  2. Alexander Joseph Segal

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . What does your employer's attorney say?

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. Alena Shautsova

    Pro

    Contributor Level 20

    2

    Lawyers agree

    2

    Answered . 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... more

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