Can a L1-A visa really be extended after its expiry?

[sinayion 29]

Hi all,

 

I have received some information from the lawyers from work, and I'm not sure if it is accurate. This is quite a delicate situation.

 

I am currently on a L1-A work visa, which expires on September 4th (my third year on this visa). My work forgot to seek an extension, because the CBP stamped an I-94 that expires on February 18th, 2018 (my passport expiry; they just messed up), and that's what they used to track my timeline. I am traveling to Cyprus on August 30th (I land in Cyprus on September 1st, Friday), and due to return on September 13th, so obviously I need an extension to get back in the country. The work lawyer stated that they will prepare a visa extension packet, that I take with me to the US Consulate in Cyprus, and ask for the extension there.

 

Now, I told them that since my current L1-A visa expires on September 4th, which is a Monday and I land on late Friday, and I was worried about the timing. The exact conversation:

Quote

Me: I land in Cyprus on Friday, September 1^st, and my current visa expires on Monday, September 4^th. Is that Monday the only day I can get an extension, since after that, my current visa will not be valid?

The company lawyer: No, the visa is only a document that allows you to enter the U.S. It does not matter when you get it renewed, as long as it happens prior to your re-entry into the U.S.

I honestly think that they are completely wrong. Should I be concerned? They also claimed that it would only take 3 business days to get the extension approved at the consulate...

[Coco8 1,039]

5 hours ago, sinayion said:

I honestly think that they are completely wrong. Should I be concerned? They also claimed that it would only take 3 business days to get the extension approved at the consulate...

The lawyer is correct about what matters is that the petition is extended and that the visa is just a document for you to enter the US. 

 

I think what he is going to do about the "extension packet" is he is going to file an extension with USCIS with premium processing (which gets done is 15 days). That means, they extend your L1. This is what matters. Even if you didn't travel to your country, you would be able to continue working. The visa is just to come and go from the country.

 

Then, he will give you the information from the USCIS approval. You go with that to your consulate and do a renewal.

 

It is supposed to be fast at the consulate stage, but who knows. I think that they won't ask you to do an interview because your they usually don't if you are renewing within a year of expiration. That should make it faster. But you will be somewhat pressed for time so you better do everything as soon as possible when you get there.

 

Another problem you could have is that a passport has to be valid for 6 months and yours expires in February 2018? That won't be 6 months. Can you get one in a day? I once renewed my passport when I got back to my country at the airport. My face on the passport was very sleepy but I got it in an hour.

 

 

 

 

Edited August 9, 2017 by Coco8

[jan22 2,897]

When does your L-1 petition expire?  

[Coco8 1,039]

2 hours ago, jan22 said:

When does your L-1 petition expire?  

It says 

 

11 hours ago, sinayion said:

I am currently on a L1-A work visa, which expires on September 4th

 

[sinayion 29]

6 hours ago, Coco8 said:

The lawyer is correct about what matters is that the petition is extended and that the visa is just a document for you to enter the US. 

 

I think what he is going to do about the "extension packet" is he is going to file an extension with USCIS with premium processing (which gets done is 15 days). That means, they extend your L1. This is what matters. Even if you didn't travel to your country, you would be able to continue working. The visa is just to come and go from the country.

 

Then, he will give you the information from the USCIS approval. You go with that to your consulate and do a renewal.

 

It is supposed to be fast at the consulate stage, but who knows. I think that they won't ask you to do an interview because your they usually don't if you are renewing within a year of expiration. That should make it faster. But you will be somewhat pressed for time so you better do everything as soon as possible when you get there.

 

Another problem you could have is that a passport has to be valid for 6 months and yours expires in February 2018? That won't be 6 months. Can you get one in a day? I once renewed my passport when I got back to my country at the airport. My face on the passport was very sleepy but I got it in an hour.

 

 

 

 

My concern with the lawyer, is that they say "as long as it happens prior to your re-entry into the U.S. (visa extension)", whereas I would expect it to be "as long as it happens prior to your visa expiry date".

 

Regarding the six-month rule, I'm a citizen of the United Kingdom, which is exempt, if I'm reading this right.

[Coco8 1,039]

1 minute ago, sinayion said:

Regarding the six-month rule, I'm a citizen of the United Kingdom, which is exempt, if I'm reading this right.

 

No, that exemption is that your passport does not need to be valid for 6 months when you enter de US. The rule I am mentioning is to get a stamp on your passport. Maybe try looking if it says something on the consulate's website.

 

2 minutes ago, sinayion said:

My concern with the lawyer, is that they say "as long as it happens prior to your re-entry into the U.S. (visa extension)", whereas I would expect it to be "as long as it happens prior to your visa expiry date".

 

I don't know what you are saying there.

 

I think you are confusing petition and visa. 

 

- Petition is what allows you to work in the US. That is approved by USCIS. That is what has to be renewed. It should take 15 days if they did premium processing. With that you are allowed to work in the US even if your visa is expired. 

 

- Visa allows you to come and go from the US. It can be expired and it does not matter is petition is not expired. 

 

I think the lawyer might be saying that the petition has to be approved because otherwise you cannot renew the visa. The visa is not extended. What is extended is the L1 petition. The visa is being renewed but it is dependent on the petition being extended.

 

I know it can be confusion but petition and visa are 2 different things. 

 

 

 

 

 

 

[jan22 2,897]

5 hours ago, Coco8 said:

It says 

 

 

I know...but it was not clear whether that was the visa or the petition.  Could be read either way.  

 

It sounds like the lawyers have not yet submitted the petition renewal paperwork.  It is highly unlikely, unless it is a Blanket L,  that there will be a new petition prepared, submitted, and adjudicated by September 4th.

Edited August 10, 2017 by jan22

[Coco8 1,039]

1 minute ago, jan22 said:

I know...but it was not clear whether that was the visa or the petition.  Could be read either way.  

 

It is highly unlikely, unless it is a Blanket L,  that there will be a new petition prepared, submitted, and adjudicated by September 4th.

It is not a new petition. It is an extension. With premium processing it takes 15 days at USCIS. 

 

The consulate only does the stamp, they don't evaluate the L1 aspect.

[jan22 2,897]

20 minutes ago, Coco8 said:

It is not a new petition. It is an extension. With premium processing it takes 15 days at USCIS. 

 

The consulate only does the stamp, they don't evaluate the L1 aspect.

 

20 minutes ago, Coco8 said:

It is not a new petition. It is an extension. With premium processing it takes 15 days at USCIS. 

 

The consulate only does the stamp, they don't evaluate the L1 aspect.

I understand that....but according to the first post, the lawyers "will" submit the paperwork -- which will require essentially the same paperwork as the original petition.  There are only 26 days until Sept. 4th, and the 15 day clock doesn't start until USCIS receives the documents.  That also assumes the submission will be complete and no RFE is issued.  

 

The approved petition will then need to be uploaded into the consular system and an appointment be made for an interview.  (I am assuming that the original L was not issued in Cyprus, so it would not qualify for interview waiver there).  And, you are incorrect -- the consular officer will, in fact, evaluate the L aspect, although it should be fairly straight-forward.  Plus, we don't know if there will be any administrative processing that needs to be done.

 

The lawyer is correct in saying that it really only needs to be done before the person returns to the US, but the OP said the return date was Sept. 13.  I'm just trying to say that I'm not sure that is realistic, especially with Labor Day in there.

Edited August 10, 2017 by jan22

[Coco8 1,039]

31 minutes ago, jan22 said:

 

I understand that....but according to the first post, the lawyers "will" submit the paperwork -- which will require essentially the same paperwork as the original petition.  There are only 26 days until Sept. 4th, and the 15 day clock doesn't start until USCIS receives the documents.  That also assumes the submission will be complete and no RFE is issued.  

 

The approved petition will then need to be uploaded into the consular system and an appointment be made for an interview.  (I am assuming that the original L was not issued in Cyprus, so it would not qualify for interview waiver there).  And, you are incorrect -- the consular officer will, in fact, evaluate the L aspect, although it should be fairly straight-forward.  Plus, we don't know if there will be any administrative processing that needs to be done.

 

The lawyer is correct in saying that it really only needs to be done before the person returns to the US, but the OP said the return date was Sept. 13.  I'm just trying to say that I'm not sure that is realistic, especially with Labor Day in there.

I think the USCIS will be done in time.

 

But I agree that the visa stamp might not be ready on time because it depends on the number of appointments available. That is what I had said on my first post. And I had forgotten about Labor Day! Moreover, you mention that his/her first visa stamp might have been done in another country, which I didn't consider. If that is the case, then the interview doesn't get waived, adding more time to the timeline. 

 

My husband did a L1 renewal (he already had the petition approved) and he had stayed 2 weeks. But it was a different consulate and he didn't have to do the interview because he went back home. My consulate does not require appointment for renewal, you just drop your staff in a window and that is it so it was ready in like 3 or 4 days. But paying the fee takes 2 days because the banks were/are slow over there.

 

 

Edited August 10, 2017 by Coco8

[jan22 2,897]

And, there's also the issue you raised about probably needing a new passport -- it is unlikely they will put a visa in a passport that is only valid for a little more than 5 months.  

[sinayion 29]

I think I get the petition vs visa thing, cheers! FYI, I came in on the company's blanket L1 visa.

 

I asked the lawyer about the passport expiry date, and she said that since it's a UK passport, I'm not subject to the 6-month rule.

[jan22 2,897]

Blanket L will certainly shorten the process -- but it will still be close, I think.

[Coco8 1,039]

2 hours ago, sinayion said:

I think I get the petition vs visa thing, cheers! FYI, I came in on the company's blanket L1 visa.

 

I asked the lawyer about the passport expiry date, and she said that since it's a UK passport, I'm not subject to the 6-month rule.

Did you do your L1 in the UK the first time around? Or in Cyprus? Changing consulates would mean you probably will get an interview.

[sinayion 29]

Just now, Coco8 said:

Did you do your L1 in the UK the first time around? Or in Cyprus? Changing consulates would mean you probably will get an interview.

The first one was done in the UK.