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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28208
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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, My sister is traveling to US. She has a valid L1

Customer Question

Customer: hello
JA: Thanks. Can you give me any more details about your issue?
Customer: My sister is traveling to US for work. She has a valid L1 (until Oct-2016) and indefinite validity on I-797 (blanket L1 petition filed by company) but her I-129 expired last September (Sep-2015). Can she travel to US for work in this situation?
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Submitted: 10 months ago.
Category: Immigration Law
Expert:  Judith replied 10 months ago.

She needs the following:

!. Valid unexpired I-797 L1 Blanket petition approval;

2. Valid L1 visa stamp in passport;

3. I-129S completed by her employer. If her I-129S expired in Sept 2015 her employer has to give her a new one.

I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 10 months ago.
If the company files for a new I-129 (under blanket petition approval), does she needs to get a new L1 visa stamping even when her current L1 visa is valid until Sep-2016? I am assuming she can travel on the current visa stamping. Also, what are the charges for expedited processing of I-129 and the time frame of approval?Lastly, I don't understand if I-797 (approval) is indefinite, why can't she travel on expired I-129 (petition) because the approval is given by USCIS in the form of I-797 that is indefinite?
Customer: replied 10 months ago.
FOR JUDITH: can you please answer my clarification questions?
Customer: replied 10 months ago.
Additional info: L1 visa has the I-797 reference that is indefinite and would be the same if the new petition is filed.Please answer my clarification question and I would rate you!
Customer: replied 10 months ago.
I am not yet satisfied with this engagement, can you please answer my clarification questions?
Expert:  Judith replied 10 months ago.

She can travel on the current visa stamp with the new I-129S

The new I-129S must be filed with the USCIS service center that approved the blanket petition. See page 2f the instructions "Where to File"

$500 Fraud Fee

If they employ 50 or more individuals and 50% are L1s then the fee is $2,250

http://www.uscis.gov/i-129s

It can be expedited for the additional fee of $ using form

USCIS

Vermont Service Center

ATTN: I-129

75 Lower Welden Street

St. Albans, VT###-##-####/p>

(Note the nonimmigrant classification requested in the attention line)

Premium Processing Service

USCIS

Vermont Service Center

ATTN: I-129

*****/p>

St. Albans, VT###-##-####/p>

(Note the nonimmigrant classification requested in the attention line)

Expedite Criteria

USCIS review​s​ all​ expedite requests on a case-by-case basis and requests are granted at the discretion of the office leadership.​ The burden is on the applicant or petitioner to demonstrate that one or more of the e​xpedite criteria have been met.​​

​USCIS may expedite a​ petition or application if it meets one or more of the following criteria:​

  • Severe financial loss to company or ​person​;​
  • Emergency situation;​
  • Humanitarian reasons;​
  • Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States​;​
  • Department of Defense or ​n​ational ​i​nterest ​s​ituation;​
  • USCIS error; or​
  • Compelling interest of USCIS.​

You have to use for I-907 and the filing fee is $1225. There is a 15 day turn around.

Blanket petitions are different from the normal I-129. The Blanaket petition is always approved for the company indefinitely but the workers petition is the I-129S and is limited.

I have put a lot of time and work researching all of the details you wanted. Experts are only paid when you rate our answerof 3+ stars or smiley faces. Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

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