L1B visa expired, I94 valid


Pete29

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Hello, Good day!

I came to USA in L1B visa during May 2008 & my visa was granted till Dec 2010 which is same as my P.E.D. When I went to India for vacation during May 2010, my I94 stamping was given upto May 2013 (don't know why). Since my I94 was valid, my company was not able to file for extension. So, I'm staying with my I94 validity in USA.

I'm heading to India for a personal reason in 2 weeks. My company said they have to file petition for a new L1B visa. Also, they said, the petition can't be filed in the US service center. So, they're are filing a new L1B petition in India service center. Is this a good strategy? Any other way to address this? How much is the risk % in not getting the petition or visa approved?

Appreciate your help!

Thanks

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Firstly, you should not have relied to stay on a potentially incorrect I 94

There is a simple, effective way to get I 94 corrected , Just google for it

Now what is over is over

Your company is right in applying for a new L1B visa in your home country. This will give a fresh chance for USCIS and DOS to look at your case

It is impossible for anyone to project and estimate chances of success in a visa interview.

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It sounds as though your company is filing via an L1 Blanket. There is no "service center" in India that processes such applications. Rather, you would apply in person at the U.S. Consulate in India.

As for whether this is a good strategy or not, it really depends upon a number of factors, including your qualifications and the type of position. I recommend you contact an experienced attorney to review all the details and provide you with proper guidance.

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