L1B visa RFE

[mut 0]

Got visa - apr 2008

Visa Exp Date - apr 2011

Arrived to US - may 2009

My husband is in L1B visa, his visa expired on apr 13th 2011 and we applied for extension & received RFE on aug 2011 but still we have not answered the RFE (we still have time)...

He came to know that we can get it extended for that ~1yr period in which he was in india(june 2008-may 2009). My doubt is without knowing this clause we applied for extension & received an RFE, now can we place a request for extending that 1yr duration he was in india without answering RFE Or withdrawing petition....?or do we need to answer RFE??

Pls clarify..pls help me if anybody has gone through same situation...urgent help needed..

[Harsh_77 718]

you cannot extend your visa without answering the RFE, if you do not answer the RFE in the stipulated time, then you are considered overstay.

If you want to extend your stay you have to answer the RFE.

[mut 0]

you cannot extend your visa without answering the RFE, if you do not answer the RFE in the stipulated time, then you are considered overstay.

If you want to extend your stay you have to answer the RFE.

thank you so much.while answering RFE can we attach a separate document mentioning that 1yr 1month period which he was in india & requesting them for extending ths period as visa extension, so tht 1yr 1 month wont get wasted????or do we need to answer only to RFE???or is there any other way???

thank you so much.while answering RFE can we attach a separate document mentioning that 1yr 1month period which he was in india & requesting them for extending ths period as visa extension, so tht 1yr 1 month wont get wasted????or do we need to answer only to RFE???or is there any other way???

[Harsh_77 718]

With limited information you have provided it is very difficult to give you any other advice.

Visa dates you are talking about is only valid for the purpose of entry and re-entry, your L1 status is good until the actual date put on your I-94 by the immigration officer when you entered the country.

You L1 status can be renewed and it might slightly change based on if it was blanket or individual L1.

Best person could be the company laywer and they can help you correctly respond to your RFE.

[Boiler 45,519]

This si really something to ask your Lawyer, the Lawyer should be handling the RFE not you.

[mut 0]

wht information should i provide to get a clear picture..pls tell me..both our visa & I94 expired on same date 13th April 2011...we came in L1B blanket his office attorney didnt tell us any info on ths clause,we came to know abt ths clause through our frn,he told tht we can extend the period we are out of US (including vacation) but not very clear in process..

Pls tell me wht info should i provide.....

[Boiler 45,519]

Talk to your Lawyer.

[Harsh_77 718]

wht information should i provide to get a clear picture..pls tell me..both our visa & I94 expired on same date 13th April 2011...we came in L1B blanket his office attorney didnt tell us any info on ths clause,we came to know abt ths clause through our frn,he told tht we can extend the period we are out of US (including vacation) but not very clear in process..

Pls tell me wht info should i provide.....

Blanket L1 cannot be renewed, your company has to file a new I-129.

No I dont think your friend is right, your visa is not extended if you go on vacation for 10 days and return back.

[mut 0]

Hi..

In this case can we file 'Nunc Pro Tunc' or anything similar to that 'stating a timely application is filed incorrectly'. Or is there any other way?

Pls guide.

[Boiler 45,519]

Talk to your Lawyer.

I take it you have not, why not?

[Harsh_77 718]

I am not aware if blanket L1 can e extended the way your asking, that is the reason it is a blanket L1, means all the L1 company had applied for would start at same time and expire at same time.

Even in individual L1 case I am not aware if you can ask for extension coz you did not use first year of your L1.

Best person would be to talk to your company's immigration lawyer.

I feel on your L1 he has most information as Boiler and I have said in our previous post consult your company's immigration lawyer.

[mut 0]

Thanks.I'll ask him to check with his company attorney.