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Immigration Issues/Query regarding my L1B Extension

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Question
Hello Ajay!

Hope you are doing good.

I am in US from last 3 years on L1B visa.
I had a couple of questions on the extension process, which I thought you would be able to clarify.

My L1B Visa expired on Dec 1st 2011 and my company has filed for an extension a few days before this date.
So I am currently waiting for a status from USCIS.

I know USCIS can either approve/reject/send rfe.

However, I am travelling back to India on January 20th 2012 for a family event, which I cannot miss.
So my question is, if my extension gets approved by that time can I still go ahead with my travel plans on this date?
If there are any other process to be followed after that can I follow up on those from India and return back to US only after all of those have been successfully completed?

Similarly, if I get an RFE can I reply to those from India ?

Yes...I know if they reject it ..what I need to do :-)

Hoping to get an answer from you, whenever you have some time.

Thanks in advance.

Answer
Hi,

You can depart the U.S. anytime. However, if the L1B petition has not yet been approved at the time of the departure, then it is still approvable, but it will indicate "consular processing" rather than extension of status. In either event, you will require an L1B visa stamp issued by a U.S. Consulate (normally in your home country) based on L1B petition approval by the USCIS in order to enter the U.S.

If there is an RFE, it is OK if you are outside the U.S. The petition is approvable, but as indicated above, it will be consular processing rather than extension of status.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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