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, My sister is traveling to US. She has a valid L1

Customer Question
My sister is traveling...

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: 2 years ago.Category: Immigration Law
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1/20/2016
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,783
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified

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

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Customer reply replied 2 years 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 reply replied 2 years ago
FOR JUDITH: can you please answer my clarification questions?
Customer reply replied 2 years 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 reply replied 2 years ago
I am not yet satisfied with this engagement, can you please answer my clarification questions?
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years 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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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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