L1 Visa validty question

[mazdaRX8]

Hello all,

I have a question regarding the L-1. I know the L1-A is valid for 5 years with renewals for every year, upto two years, for a total of 7 years.

L1-b is valid for 3 years with renewals for every year, upto two years for a total of 5 years.

My question is I have being seeing people online that got their L-1 visa for 8 months, validity, 1 year validity, 2 years, etc. Do you not get the 3 year (For an L-1b) validity from the start?

Thanks for the space guys

[twostep]

Has nothing to do with your post.
Did you know the RX8 is considered a family sedan as far as insurance/taxes are concerned:>)

[Fatbrit]

The validity for the initial visa depends on" the specific consul's practices, the nature and size of the company, whether the US venture is a start-up or established.

A small UK company setting up a US company will probably get one year out of London. An Irish Microsoft executive being transferred to Redmond will get 3 or more years out of Dublin.

[mazdaRX8]

Thanks for the info Fatbrit. The US branch is the Headquarters, in operation since 94 and I am in the foreign branch that was recently established.

regarding The L-1 visa validity, would this be the entry stamp in the passport? I am assuming even if the entry stamp is obtained for a year at the consulate, the renewal of the entry visa doesn't have to take place unless you travel outside after one year. And I am assuming the L-1b petition is always approved for 3 years (for a company not opening up a new location in the states)...or am I mistaken?

[Bevdeforges]

Be careful not to confuse the visa with the entry stamp in your passport. A visa does not guarantee you the right to entry to the US. (Yeah, sounds weird, but that's how it is.) An immigration agent at the border can (and occasionally will) deny you entry, despite a perfectly legit and valid visa. All the entry stamp does is confirm the date on which you entered the country.

Also, don't think that you don't have to renew the visa if you're not planning on leaving the country. They do check up on these things - and failure to leave the country when your visa expires can get you arrested, deported and slapped with a ban on re-entering the US for some period of time.
Cheers,
Bev

[Fatbrit]

Originally Posted by mazdaRX8

Thanks for the info Fatbrit. The US branch is the Headquarters, in operation since 94 and I am in the foreign branch that was recently established.

regarding The L-1 visa validity, would this be the entry stamp in the passport? I am assuming even if the entry stamp is obtained for a year at the consulate, the renewal of the entry visa doesn't have to take place unless you travel outside after one year. And I am assuming the L-1b petition is always approved for 3 years (for a company not opening up a new location in the states)...or am I mistaken?

I hope you've been working for the foreign branch for more than 1 year out of the last 3 -- it's a condition of the visa!

A visa allows you to apply for entry to the US, that's all! Once in the US, the period of stay is governed by the I-94 issued by CBP and attached to your passport. So the length of stay in the US is governed primarily by the whatever the CBP officer stamped on your I-94, not the period of validity of the visa. Generally, they'll stamp it up to the end of the validity of your L1 -- if they don't ask politely.

[Fatbrit]

Originally Posted by Bevdeforges

Also, don't think that you don't have to renew the visa if you're not planning on leaving the country. They do check up on these things - and failure to leave the country when your visa expires can get you arrested, deported and slapped with a ban on re-entering the US for some period of time.
Cheers,
Bev

Bev -- it's not when your visa expires but when your I-94 expires.

[mazdaRX8]

Thanks guys. Yes, I have been working for a year and a couple of months here now.

So the L-1 is technically a "entry visa" category and the I-94 card is the actual document (card) that lets me stay legally in the states. I remember my F-1 visa stamp had the I-94 card stamped "Duration of Stay" which was governed by my I-20.

The immigration officer at the airport will generally give the validity till the expiration on the visa stamp on the passport, that was obtained from the embassy (max), or even sooner I assume. and when the time comes close to expiration, I will have to travel back and obtain another stamp in my passport, come back and a new I94. Am I correct?

I do not want to ever stay in the US illegally and therefore I must do everything with the absolute knowledge surrounding the circumstances.

[Fatbrit]

Originally Posted by mazdaRX8

Thanks guys. Yes, I have been working for a year and a couple of months here now.

So the L-1 is technically a "entry visa" category and the I-94 card is the actual document (card) that lets me stay legally in the states. I remember my F-1 visa stamp had the I-94 card stamped "Duration of Stay" which was governed by my I-20.

The immigration officer at the airport will generally give the validity till the expiration on the visa stamp on the passport, that was obtained from the embassy (max), or even sooner I assume. and when the time comes close to expiration, I will have to travel back and obtain another stamp in my passport, come back and a new I94. Am I correct?

I do not want to ever stay in the US illegally and therefore I must do everything with the absolute knowledge surrounding the circumstances.

The D/S on an F1-based I-94 is a wonderful thing -- it means you don't accrue any out-of-status time until you are told to leave. Unfortunately, you don't get this on an L1!

If you travel in and out with an L1 that is still valid, you should be fine. However, if the L1 is nearing expiry, you'll need to arrange to renew it at a consulate.

[mazdaRX8]

Fatbrit, the D/S was indeed something which I paid little attention to in the past! you never know how valuable it is until you really need it haha

So, all in all, if the embassy stamps my L1 entry visa for a year, and my i-94 is valid till then, i'll have to go back and renew the entry visa in order to come back and obtain another I-94.

Scenario:
Say it's been 3 years on my L1, and I go back to renew my L-1 and I-94. And you are supposed to have worked in the foreign branch at least one year, in the past 3 years. Of course, I would have been working in the US for the past 3 years, and in the foreign branch 4 years ago.

Does this mean I won't get the L-1 renewal? Or does the "worked in the foreign branch for 1 year in the past 3 years" rule apply to a first-time L-1 visa issuance only?


Sorry for all these questions, and you guys have been great at answering these!