In other words, you don't need to worry about USCIS approving your employer's petition before your status expires. Continuing with the example above, let's say your employer files your petition to extend L-1 status on December 1, , and USCIS receives your petition on December 5, USCIS does not approve your petition until January 31, , or approximately one month after your previous L-1 status expired.
Because your employer filed your extension while you were still in status, however, you are authorized to remain in the U. You're also authorized to work for up to days beyond your I expiration while awaiting approval of the petition to extend status.
Additionally, be aware that you are not allowed to remain in the U. There is a seven-year maximum stay for L-1A visa holders and a five-year maximum stay for L-1B visa holders. Once you have reached your maximum stay, you may not extend your L-1 visa again, until you have been outside of the U. Of course, you might also have to option to apply for a green card and stay in the U. At this time, you must be physically present in the United States.
This is only a general list of materials that should be submitted with the I form. Below are a few helpful pointers to assist employers in completing Form I The I petition can be filed either 1 with your I petition; 2 by itself, including a copy of the receipt notice for your I petition; or 3 by itself, including a copy of the approval notice for your I petition.
Just like with your I petition, your dependents' I petition must be received by USCIS before their immigration statuses expire. All of your dependents may be listed on one I petition, but each extra family member beyond the first must submit a separate IA, Supplemental Information form, which is also available at the I website. If you're interested in staying in the United States permanently, talk to a lawyer and see these articles on the subject. Browse All Immigration Topics ».
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. This includes changes in work location, salary, and job duties. Some changes may require an amended L-1 petition. Your spouse and children may not accept employment in the U.
Your spouse and any dependent children will need to present the following documents when they apply for their L-2 visas:. A copy of your L-1 approval notice Application Form DS, Nonimmigrant Visa Electronic Application Their machine-readable passports valid for at least six months beyond your intended period of stay Two color, passport-style photographs each They may also be required to present a copy of your L-1 petition documents, their birth certificates with certified translation, if applicable , marriage certificate, and copies of your financial documents such as pay stubs from your current employer.
For more information, please refer to the U. Department of State website specifically designed for people seeking U. Please do not make plans to travel outside of the U.
You must have a valid visa stamp in your passport to return to the U. S, unless you are a Canadian citizen or are making a short trip to Canada or Mexico. Please contact our office before making travel plans. If you already hold a valid L-1 visa stamp in your passport, we recommend that you take the following documents with you when you leave the U.
Your machine-readable passport valid for at least six months beyond your intended period of stay. Valid non-immigrant visa stamp If travel is required, advance planning and early visa application are critical. The Department of State has stated that applicants are advised when they apply that there is no time period within which administrative processing must be completed. Individuals will have to weigh the risk before making travel plans in advance of receiving a visa.
Please contact our office prior to making irrevocable travel arrangements to discuss your plans. The receipt number on your visa stamp, beginning with EAC or WAC, is sufficient for officials at the port of entry to look up your petition approval in the system. We do recommend that you carry a copy of the I approval notice and the petition documents to avoid delays. As a general reminder, please be sure to double-check with your travel agent or airline about any transit visa s you may need for international flights, even quick stopovers.
If you are porting to a new employer and your extension of stay has been granted and you are not required to travel outside of the United States, you may continue to utilize the L-1 visa stamp in your passport for as long as it is valid. If your change of status has been granted and you are traveling outside of the United States, or if your L-1 petition has been approved for consular notification, it will be necessary for you to apply at a U.
Consulate for a new L-1 visa. At the Consulate, you will be required to present the following:. You may also be required to present copies of the L-1 petition documents and proof or your employment, such as paystubs.
State Department website specifically designed for people seeking U. You should be aware that no matter where you go to apply for your visa stamp, there is always the small risk of administrative delays or security checks that could affect the processing time of your visa. Estimated visa processing times can be found here. For information and tips on filling out Form DS, please see this website. You will be required to upload a digital photograph. Please set aside time to complete this form.
If you are applying for L-2 visas for your family, each non-U. You can alter the auto-generated information to tailor it for your dependents. A reciprocity fee may also be required. You should confirm, with the U. This should be explained in some detail when applying for the L1 visa. Staff in this category are issued an L1B visa, initially for three years extendable to a maximum of five years. On completing the maximum allowable period in L1 visa status, the employee must be employed outside the United States for a minimum of one year before a new application is made for L or H status.
If you would like to apply for an L1 visa through workpermit. For more information and advice on US immigration law and US visa applications please contact us on or at london workpermit. There is no investment requirement as such. The minimum requirement in most cases is that you have a company set up in the US and have an office.
Forming a company is usually very easy to do and can be done online. You also do not need to spend very much on an office in the US, and so a basic office should be sufficient. There is no requirement that the business should have started trading as yet. Another option that many people consider is the E2 Treaty Investor visa category that requires you to show a substantial investment.
The employee must have worked physically outside the US for at least one year in the last three years for the transferring business, either as a manager or executive or specialized knowledge worker. The requirements are quite strict these days. If time has been spent in the US this will not count towards the one year requirement that you have worked for the business outside the US. L1A visa management level people will usually need to show that they have managed a number of staff outside the US.
L1B visa specialized knowledge workers should have high levels of specialized knowledge in a particular area. There is no requirement that the overseas business transferring the employee over to the US has to be a particular size.
However, very small businesses with say one or two staff may have difficulty coming under the L1 intra-company transfer visa.
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