Need Help with my current Status LB1

A

a.ruizwahli

Registered Users (C)
Last year my company in my country ( PE ) file a petition for me and my kid for an L1-B visa , wich I was in the United states under a tourist visa. The attornery at that time filed the pettition but since the time of stay was ending we paid an extesion for the process of the I-129 for me and the 1-130 for my minor kid. The Issue is I need to check my legal status since I had a emergecy problem and I had to return to my country after the extension was paid and approved but the lawyer did not give me any documentation saying I need to pay more ,while I already paid him the half of the money for the petition. The thing here is I had to leave USA without no reciept of the extension paid to the USICS the lawyer dos not want to give me the docuemt till he gets more money form me even he already cancelled the pettition. I need help to check the status , do I loose my tourist visa? I only got the extension prvided by the USICS but I had not go further with the pettition since i had to leave usa in an emergy case. How could I check my status is Legal and I never overstayed cuz I have the extension? I plan to return tu usa for vacations but Im afraid to travel until I have my status verifed so I wont had any trouble at port of entry with the officer of inmigration. Please help. Thanks
 
If you say your petition is approved, then your tourist visa goes void. Because tourist visa is not dual intent.
 
angela20 said:
If you say your petition is approved, then your tourist visa goes void. Because tourist visa is not dual intent.
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Well my petition never was approved since I left and we cancell the process but the lawyer says my b2 visa is void no matter what and I should reapply for a new visa , but thats not my problem my concern is related to the port of entry If I get a new visa i will still have a confusion problem with the inmigrant officer? Since I left with an I-94 expired But covered under the extension granted so i never violated the law
 
Unless the visa was cancelled at the POE or by a US consulate/embassy, it can be used for travel.

a.ruizwahli said:
Well my petition never was approved since I left and we cancell the process but the lawyer says my b2 visa is void no matter what and I should reapply for a new visa
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Well , the lawyer in charge at tha time said to me since I never finished the process and I left based on my extesion , he sned a letter to inmigration and my consular embasys to notify them I did not go through the process and since that my B1/B2 is cancelled also. So I need to re-apply , thats what he says however I carry a Swiss passport with waiver visa wich I do not use since 2003 , I have been using my 6 month perido of stay visa to go to usa for the last 8 years. What If I decide now to go with my swiss passport? since my peruvian visa is already cancelled?? would I hae problems at POE? Im a little worried about that
 
Your situation is a big mess!

You need to contact your employer and ask about what REALLY happened with regard to the I-129 for the L1-B. The I-129 is a dual intent visa and because you departed, you lost eligibility for a "change of status" only. IF the L1-B were approved as to the classification, you could still obtain the L1-B as an actual visa abroad and return on that.

Forget all about any I-539 extension for a B visa, it dies when you left.

You mentioned an I-130, what has that got to do with anything? Only an LPR or USC can filer an I-130, not a B visa holder.

Talk to your employer about any word on the I-129. They might need to tell USCIS that that particular I-129 job is still available to you IF you can be issued an L1-B visa abroad.
 
Well im not currently with my last employer anymore , and Im not really seeking to get the L1-B visa again. What I inted to know is my status over there , I mean If I decide to go on vacations the next month what depares me at POE? The ex lawyer who paid my extesion and was filling the forms for the L1-B , said my B visa is now cancelled and I cannot simply use it anymroe and I need to re-apply again , why? Beacuse I left based oin the extension but never finished the petition of the L1B since it was cancelled when I left. My confusion here is If I did not overstayed beacause I had an extesion , and now I cannot use my B visa again , do I be able to travel back to usa with my swiss passport without having problems? even If i re-apply for a new visa and I get the visa once again approved would I have problems at POE? thats my concern here I dont want to jump into conclusions or jump on travellin there and then being inadmisible or something like that or being deportar or so so thats somthing its killing my head ....
 
If an I-539 was filed to extend your B visa and it was filed before the I-94 expired, that put you in a period of authorized stay. If you left after the I-94 expired then USCIS normally grants it to the actual date of departure.

If an I-129 was filed for a change of status to L1-B before the I-94 expired, that put you in a period of authorized stay. IF it was granted, the classification might have been OK but the "change" was denied because you departed. IF it was withdrawn by employer then it died and has no effect on your status BUT it could be viewed as a "possible immigrant intent" which you can simply deny because it actually is only a non-immigrant classification.

Because of these issue you should contact the Consulate and ask them if you need to apply for a new B visa, it may or may not be required but you won't know until you ask. It is more expensive to be turned back at the border.

The ESTA application will ask for all required information and IF you leave out pertinent information you could be banned from using a Visa Waiver for life when caught later AND it can be branded as a misrepresentation which would force you to have to apply for and qualify for a waiver--that is dangerous territory and best avoided.

Contact the consulate.
 
Ok your explanation gives me a clear view of the situation. an I-539 was filled to extend my stay beefore my I-94 expried so I was covered under the extension. A letter from the U.S inmigration and naturalization servies a request on December 30, 2010 with regard to the L-1B and an answer is due on March 27, 2011. Since I left on December 8th 2010 so the case ended there. No other document or form where sent out to the USCIS since I left and said the lawyer to cancel the petition. My ex emplyer did not take care of anything then so now I have to do it on my own. I had contacted my consulate but they first told me to contact the USCIS then the USCIS said I need to contact CBP and then I explained what the ex layer said about my B2 was now cancelled andthat I need t to re-apply again for a new one. The only said apply again. If kinda difficult since all the entities are not helping me with this issue.
I know i did not violate the law but I need to make sure I wont fail entering into the united states next time i wish to go on vacations.

Now regarding the waiver visa is something I dont understand at all. Ok I know now you have to fill the ESTA applicacion online before you travel to the US , what u are telling if I do not provide all the information regarding my last stay with the B2 and the petition of L1B I can be caught and be banned with the waiver right?
What are the chances I explain everything and provide the information , I could not be admissible at POE with my swiss passport? And If I go to the consulate and they approve a new B2 visa , can I still have problems at POE? Since you said USCIS normally grants it ot the acutal dae of departure then it meas I do not appear as an Overstay right?
 
a.ruizwahli said:
Ok your explanation gives me a clear view of the situation. an I-539 was filled to extend my stay beefore my I-94 expried so I was covered under the extension. A letter from the U.S inmigration and naturalization servies a request on December 30, 2010 with regard to the L-1B and an answer is due on March 27, 2011. Since I left on December 8th 2010 so the case ended there. No other document or form where sent out to the USCIS since I left and said the lawyer to cancel the petition. My ex emplyer did not take care of anything then so now I have to do it on my own. I had contacted my consulate but they first told me to contact the USCIS then the USCIS said I need to contact CBP and then I explained what the ex layer said about my B2 was now cancelled andthat I need t to re-apply again for a new one. The only said apply again. If kinda difficult since all the entities are not helping me with this issue.
I know i did not violate the law but I need to make sure I wont fail entering into the united states next time i wish to go on vacations.

Now regarding the waiver visa is something I dont understand at all. Ok I know now you have to fill the ESTA applicacion online before you travel to the US , what u are telling if I do not provide all the information regarding my last stay with the B2 and the petition of L1B I can be caught and be banned with the waiver right?
What are the chances I explain everything and provide the information , I could not be admissible at POE with my swiss passport? And If I go to the consulate and they approve a new B2 visa , can I still have problems at POE? Since you said USCIS normally grants it ot the acutal dae of departure then it meas I do not appear as an Overstay right?
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ESTA will give you an answer really fast, most get an answer immediately. Yours could require an actual human being to review it. You should not be considered an overstay by anyone.

The uncertainty about the L1-B could cause confusion. It could appear that you are the beneficiary (or pending beneficiary) of an L1-B who had not obtained one. You need your former employer to make sure that they actually withdrew it. You say there was a request for evidence (RFE) from USCIS.... the case could still be pending in their workflow. If it is a dead end then be sure to bury it.
 
Ok perfect , so If the case is DEAD cancelled and so , I gues I wont have any problem in the future right? Unless they determine I cannot use my WVP to enter the united states ? Since my current B2 visa is already cancelled I have only 1 passport to travel. thats only the thing... thank you..
 
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