Legal Question in Immigration Law in New York

Difference between L-1 extension of petition validity and extension of stay

My L-1 status is expiring in a couple of months and I am eligible for another 2 year extension. My primary place of residence is outside of U.S. and I am presently outside of U.S.

I frequently visit U.S. to perform my L-1 job duties as an executive. Should I apply for extension of petition validity or both extension of petition and extension of stay?

What is the difference between both?

I would like to clarify this before I initiate the process

Thanks for your help.


Asked on 7/08/09, 1:49 am

3 Answers from Attorneys

Antoinette Wooten The Wooten Legal Consulting, PC

Re: Difference between L-1 extension of petition validity and extension of stay

I would need more information regarding your particular case before I can comment on it properly.

However, you should apply for an �extension� because you are asking immigration service for an extension of your current L1-B visa for an additional 2 years.

Remember the visa is being given because of your employment status. It is a non-immigration visa.

Patricia Martin-Gibbons

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Answered on 7/10/09, 11:02 am
Rachel Baskin Rachel Baskin, Attorney at Law

Re: Difference between L-1 extension of petition validity and extension of stay

You can only apply for an extension of stay if you are in the US. If you are outside of the US, then you need to file a new L-1 petition, essentially extending the validity of the L-1. You will be required to obtain a new L-1 at your consulate before you re-enter the US with your new L-1. If you have concerns about the L-1 visa and the validity period, you should consult with an immigration attorney.

Please note that content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.

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Answered on 7/08/09, 8:59 am
Douglas Lightman Lightman Law Firm LLC

Re: Difference between L-1 extension of petition validity and extension of stay

If you are in the U.S. you can apply for an extension of stay. If you are outside of the U.S. you would apply for an extension of the petition validity and you'd also need to extend the period on your actual L-1 visa, which is stamped in your passport. Please let me know if you have further questions regarding the L-1 visa.

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Answered on 7/08/09, 10:26 am


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