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L1 extenstion and rentry to US without Visa stamp

L1 extenstion and rentry to US without Visa stamp

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Old Jul 18th 2003, 6:02 am
  #1  
Marc Ellis
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Default L1 extenstion and rentry to US without Visa stamp

I have been granted an L1-A extension and have the paperwork to prove
it however I have not had the new Visa stamp put in my (UK) passport
yet.

I have had to travel from the USA to Japan and will need to reenter
the US without my passport being stamped. Will they still admit me or
do I need the definetly need the new visa stamp to re-enter?

If not can I just enter on a regular visitors visa?

Any thoughts greatlty appreciated.

Thanks,
 
Old Jul 18th 2003, 7:34 am
  #2  
Ingo Pakleppa
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Default Re: L1 extenstion and rentry to US without Visa stamp

You will definitely need to get your visa stamped. Try and contact the US
consulate in Japan and see if they can stamp it while you are there, but
it is entirely possible that they tell you that you have to go to London
to do it. So better buy a round-the-world ticket ;-)

No, under no circumstances can you enter as a visitor. If you did, you
would not have work authorization, and only be permitted to stay for a few
weeks (if you were admitted at all).

You say that this is an extension. If you have about 12 to 16 weeks until
your trip, and certain other conditions are met, then you can get your
visa by mailing your passport to St. Louis. More information about that is
on the Department of State Web site and on my FAQ site.

On Thu, 17 Jul 2003 23:02:11 -0700, Marc Ellis wrote:

    > I have been granted an L1-A extension and have the paperwork to prove it
    > however I have not had the new Visa stamp put in my (UK) passport yet.
    >
    > I have had to travel from the USA to Japan and will need to reenter the
    > US without my passport being stamped. Will they still admit me or do I
    > need the definetly need the new visa stamp to re-enter?
    >
    > If not can I just enter on a regular visitors visa?
    >
    > Any thoughts greatlty appreciated.
    >
    > Thanks,

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

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Old Jul 18th 2003, 8:08 am
  #3  
J. J. Farrell
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Default Re: L1 extenstion and rentry to US without Visa stamp

"Marc Ellis" wrote in message
news:[email protected]...
    > I have been granted an L1-A extension and have the paperwork to prove
    > it however I have not had the new Visa stamp put in my (UK) passport
    > yet.
    > I have had to travel from the USA to Japan and will need to reenter
    > the US without my passport being stamped. Will they still admit me or
    > do I need the definetly need the new visa stamp to re-enter?

You talk about a "new visa stamp" which suggests that you already
have one. Is your current one valid? That is, will you be re-entering
before the expiration date of the current visa? If so, you don't need
a new visa.

If your current visa is out of date or has been invalidated in some
way, you need to go to the UK and get a new visa before you can
re-enter the USA as an L-1A. Be aware that you need to book
appointments at the US Consulate in London about 6 weeks in
advance, and the appointment needs to be booked by phone from
within the UK (though not necessarily by you).

    > If not can I just enter on a regular visitors visa?

If you have a visitor visa (B-2) you should be able to enter on it.
You might be able to enter on a visa waiver, though they're
likely to be suspicious of your using this so soon after being in
L-1A. Bear in mind that with either of these options you will not
be allowed to work - you will have been granted B-2 status
which allows you to visit for pleasure, not L-1A.

If you really want to push your luck, you could try just re-entering
as you are, having forgotten that your visa is out of date. This will
be noticed by the Inspector at the Port of Entry, at which point
you will be suitably shocked and horrified. If you are lucky and the
Inspectors are in the right mood, they might be prepared to parole
you in - you pay a fee, and they admit you as an L-1A even though
you don't have a valid visa. Make sure you are carrying your L-1A
approval notice. If you do fancy trying this, be aware that it is
likely to fail in at least two ways: the airline will notice that your
visa has expired and won't let you get on the flight; or the Inspector
at Port of Entry isn't prepared to parole you in, and you get put on
the next flight out. In this latter case, there's some risk that they'll
suspect you of a deliberate attempt at fraud which could have
nastier results.
 
Old Jul 18th 2003, 12:24 pm
  #4  
Ingo Pakleppa
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Posts: n/a
Default Re: L1 extenstion and rentry to US without Visa stamp

On Fri, 18 Jul 2003 08:08:45 +0000, J. J. Farrell wrote:

    > If you really want to push your luck, you could try just re-entering as
    > you are, having forgotten that your visa is out of date. This will be
    > noticed by the Inspector at the Port of Entry, at which point you will
    > be suitably shocked and horrified. If you are lucky and the Inspectors
    > are in the right mood, they might be prepared to parole you in - you pay
    > a fee, and they admit you as an L-1A even though you don't have a valid
    > visa. Make sure you are carrying your L-1A approval notice. If you do
    > fancy trying this, be aware that it is likely to fail in at least two
    > ways: the airline will notice that your visa has expired and won't let
    > you get on the flight; or the Inspector at Port of Entry isn't prepared
    > to parole you in, and you get put on the next flight out. In this latter
    > case, there's some risk that they'll suspect you of a deliberate attempt
    > at fraud which could have nastier results.

An excellent summary of another alternative (and, as you suggest, it is a
bad one).

The airline shouldn't cause many problems, since both the UK and Japan are
visa waiver countries (so the airline in Japan should be familiar with
that).

The inspector would probably not parole you in, but rather waive the
requirement for a visa. There is a fee for that, something in the
neighborhood of $150-$200. And indeed there is no guarantee that you would
get this waiver (plus, you should only do this once. The next time you
need to travel, you can't very well claim that "you didn't know").

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
 
Old Jul 18th 2003, 1:38 pm
  #5  
 
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My husband and I have just been through this (seperately). We needed our passports and couldn't wait for up to 3 months to get our passports back if we sent them to St. Louis. All visas issued at overseas embassies are only done so after the person is 'interviewed' by a consular official so you have no choice but to visit one in person.

The US Embassy in London will only take 'interview' bookings 4 weeks in advance ie. if you make an interview booking for 11 August you should have phoned the Embassy on 11 July; you can't phone from overseas but get someone in the UK to phone them for an interview date and time. Also they will mail out the paperwork (confirmation of interview and documents you need to take with you) to that address confirming this - and you need this letter to show to the security guards at the Embassy or you won't get in.

Now I guess you could do this in Tokyo but does your company have an office there where the papers could be sent? And can you stay on there for a few days awaiting return of your passport? They do *not* issue it there and then, but mail everything out. My husband's company employ the well-known 'Fragomen' visa attorneys and they also suggested that we could have gone to Ottawa in Canada to get our visas issued.

I had an interview date for my L2 visa and arrived at the Embassy in Grosvenor Square at 10.30am. It seemed that about 100 other people were given the same appointment time. After going through the security screening I walked into the main room to see about 150 people already sitting and waiting for their interviews (only about 3 counters were open most of the time). You have to initially queue whilst a counter clerk checks that you have the right paperwork with you - including a pre-paid Royal Mail Special Delivery envelope for the return of your passport. Also you need to have one US-style passport photo (which can be done beforehand in the US or only at certain UK photography stores as listed in the letter from the Embassy eg. Snappy Snaps).

You are then given a number and have to wait. It was a real bummer seeing people arrive 2 hours after I did yet their number came up before mine! The security guard admitted that it's a pure lottery as to how ones number comes up. I waited for 41/2 hours!!!! (My husband waited for 3 hours when he went). The vending machines were empty, there was nothing to eat and if you go to the toilet and your number comes up, you miss your turn! I didn't dare go to the loo and I wasn't very happy! Take a good book and something to eat and drink. It did seem a lot of hassle for a visa for a further two years, but then again it was better than being without our passports for many weeks (especially my husband who travels overseas on business constantly). My 'interview' took about 3 or 4 minutes, the consular official just seemed to want to chat as one of her old college friends was from the town where I live in the US and she had once visited it......

My interview was on a Wednesday morning and my passport arrived by Royal Mail Special Delivery (no you can't use FedEx/UPS etc.) on the following Tuesday at my mother's house at 7am. The letter from the Embassy actually warns you not to make any travel bookings as they will not guarantee how long it will take to turnaround your passport. My husband's company has offices in London, so he just arranged for meetings there whilst he awaited the return of his passport - so I guess you could do the same in Tokyo; if so, ensure that the paperwork will be written in English and not Japanese!!!!
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Old Jul 18th 2003, 1:39 pm
  #6  
 
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Oops, I forgot - here is a link to the US Embassy in London and I guess you could do a search for the one in Tokyo:

http://www.usembassy.org.uk
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Old Jul 18th 2003, 1:42 pm
  #7  
 
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Another thing I forgot: on the greenish coloured approval letter, you have to tear off the bottom right hand part of the slip and staple it to your I-94 before leaving the US; the airline *must* take it and it has serial numbers on it.

This is very important!

I don't think you could get away with saying that you 'forgot' to get the new visa.
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Old Jul 18th 2003, 2:39 pm
  #8  
Pluissie
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Default Re: L1 extenstion and rentry to US without Visa stamp

Hi Marc,

Ingo can't be more right (as always).

I would also say: don't even try to reenter without a visa! They
either sent you back, or have you pay a huge fee to get into the
country. And it is not a pleasant experience to be picked out and be
at that room of the port of entry.


[email protected] (Marc Ellis) wrote in message news:...
    > I have been granted an L1-A extension and have the paperwork to prove
    > it however I have not had the new Visa stamp put in my (UK) passport
    > yet.
    >
    > I have had to travel from the USA to Japan and will need to reenter
    > the US without my passport being stamped. Will they still admit me or
    > do I need the definetly need the new visa stamp to re-enter?
    >
    > If not can I just enter on a regular visitors visa?
    >
    > Any thoughts greatlty appreciated.
    >
    > Thanks,
 
Old Jul 18th 2003, 8:35 pm
  #9  
Ingo Pakleppa
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Posts: n/a
Default Re: L1 extenstion and rentry to US without Visa stamp

On Fri, 18 Jul 2003 13:42:34 +0000, Englishmum wrote:


    > Another thing I forgot: on the greenish coloured approval letter, you
    > have to tear off the bottom right hand part of the slip and staple it to
    > your I-94 before leaving the US; the airline *must* take it and it has
    > serial numbers on it.
    >
    > This is very important!

Good idea. This bottom part is the new I-94. The serial number should
actually be the same as the one on the I-94 that you already have, so it
is not 100% critical to surrender both (still a very good idea to do so!)

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
 
Old Jul 19th 2003, 3:29 pm
  #10  
Kotkanpoika
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Posts: n/a
Default Re: L1 extenstion and rentry to US without Visa stamp

I was in the same situation last march as you are now. I have finnish
passport, did not have my L1a visa stamp, did travel from USA -> Tokyo and
had to get visa stamped. Based on US consulate internet instructions back
then, they said you need to be interviewed in person. I went to consulate,
where they told you have to send application, passport, photos etc. in mail.
It took couple of weeks to get passports back. Luckily my trip was going to
be that long anyways... if you are under the time constraints, you may want
to consider calling Tokyo US consulate phone system and listen to
instructions as a first thing. I was never able to talk to anybody in
consulate, because I'm not US citizen. Anyways it worked out ok for me.

good luck,
-Pasi-

"Marc Ellis" wrote in message
news:[email protected]...
    > I have been granted an L1-A extension and have the paperwork to prove
    > it however I have not had the new Visa stamp put in my (UK) passport
    > yet.
    > I have had to travel from the USA to Japan and will need to reenter
    > the US without my passport being stamped. Will they still admit me or
    > do I need the definetly need the new visa stamp to re-enter?
    > If not can I just enter on a regular visitors visa?
    > Any thoughts greatlty appreciated.
    > Thanks,
 
Old Jul 21st 2003, 12:49 am
  #11  
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Location: san diego
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jon capp is an unknown quantity at this point
Default Re: L1 extenstion and rentry to US without Visa stamp

If your old visa has expired, i would put off the trip to japan until you have either (1) gone to london to get a new visa or (2) renewed your visa thru St louis

If you try to get back in on a visa waiver or a B2 visa, you could be accused of having committed visa fraud, which fact could cause you alot of problems if you later want to apply for a green card., especially if you come back and start working in the US, which is totally unauthorised.

If i was you, I'd put of the Japanese trip until you have the correct visa in your passport

Jonathan Capp (british)
http://www.usvisasolutions.com
http://www.california-immigration-lawyers.com
http://www.losangeles-immigrationlawyers.com
http://www.orangecounty-immigrationlawyers.com
http://www.socalbusinesslawyer.com
http://www.sandiegoimmigrationlawyers.com



Originally posted by Marc Ellis
I have been granted an L1-A extension and have the paperwork to prove
it however I have not had the new Visa stamp put in my (UK) passport
yet.

I have had to travel from the USA to Japan and will need to reenter
the US without my passport being stamped. Will they still admit me or
do I need the definetly need the new visa stamp to re-enter?

If not can I just enter on a regular visitors visa?

Any thoughts greatlty appreciated.

Thanks,
jon capp is offline  
Old Jul 22nd 2003, 11:08 am
  #12  
Marc Ellis
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Posts: n/a
Default Re: L1 extenstion and rentry to US without Visa stamp

Thanks for all the feedback...

I am now travelling directly back to London, rather than the US, in
the vain attempt to have my visa re-stamped.

My L1 visa had run out at the end of June and my company filed for an
expidited extension 2 days before the expiration date. I subsequently
recieved approval (and the necessary paperwork) which I have with me
and all I need now is the extension stamp.

Based upon the horror stories of wait time at the London US embassy I
am not that hopeful :-(
 
Old Jul 22nd 2003, 4:12 pm
  #13  
Ingo Pakleppa
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Posts: n/a
Default Re: L1 extenstion and rentry to US without Visa stamp

On Tue, 22 Jul 2003 04:08:51 -0700, Marc Ellis wrote:

    > Thanks for all the feedback...
    >
    > I am now travelling directly back to London, rather than the US, in the
    > vain attempt to have my visa re-stamped.
    >
    > My L1 visa had run out at the end of June and my company filed for an
    > expidited extension 2 days before the expiration date. I subsequently
    > recieved approval (and the necessary paperwork) which I have with me and
    > all I need now is the extension stamp.
    >
    > Based upon the horror stories of wait time at the London US embassy I am
    > not that hopeful :-(

Don't worry too much. From all I hear, London usually seems to be fairly
reasonably fast, less than two weeks. Of course, if they consider you
worthy of a security background check, you may end up spending far more
time there.

The good news is that at least you should be able to do your trip to Japan
while waiting: get your appointment before you leave for Japan, and then
schedule your flight to be back in time for the consular appointment. And
make sure the consulate doesn't keep your passport, of course!

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
 
Old Jul 23rd 2003, 7:16 am
  #14  
J. J. Farrell
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Posts: n/a
Default Re: L1 extenstion and rentry to US without Visa stamp

"Ingo Pakleppa" wrote in message
news[email protected]...
    > On Tue, 22 Jul 2003 04:08:51 -0700, Marc Ellis wrote:
    > > I am now travelling directly back to London, rather than the US, in the
    > > vain attempt to have my visa re-stamped.
    > >
    > > ...
    > >
    > > Based upon the horror stories of wait time at the London US embassy I am
    > > not that hopeful :-(
    > Don't worry too much. From all I hear, London usually seems to be fairly
    > reasonably fast, less than two weeks. Of course, if they consider you
    > worthy of a security background check, you may end up spending far more
    > time there.
    > The good news is that at least you should be able to do your trip to Japan
    > while waiting: get your appointment before you leave for Japan, and then
    > schedule your flight to be back in time for the consular appointment. And
    > make sure the consulate doesn't keep your passport, of course!

Interviews at the London consulate are typically about 4 to 6 weeks
after the date you make the appointment. You (or someone on your
behalf) have to make the appointment by phone from within the UK.
They take your passport at the interview, and you typically get it back
about a week or two later. Full details are on the Consulate web pages.
 
Old Jul 26th 2003, 10:42 pm
  #15  
Jonathan McNeil Wong
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Default Re: L1 extenstion and rentry to US without Visa stamp

J. J. Farrell wrote:
> "Ingo Pakleppa" wrote in message
> news[email protected]...
>
>> On Tue, 22 Jul 2003 04:08:51 -0700, Marc Ellis wrote:
>>
>>
>>> I am now travelling directly back to London, rather than the US,
>>> in the vain attempt to have my visa re-stamped.
>>>
>>> ...
>>>
>>> Based upon the horror stories of wait time at the London US
>>> embassy I am not that hopeful :-(
>>
>> Don't worry too much. From all I hear, London usually seems to be
>> fairly reasonably fast, less than two weeks. Of course, if they
>> consider you worthy of a security background check, you may end up
>> spending far more time there.
>>
>> The good news is that at least you should be able to do your trip
>> to Japan while waiting: get your appointment before you leave for
>> Japan, and then schedule your flight to be back in time for the
>> consular appointment. And make sure the consulate doesn't keep your
>> passport, of course!
>
>
> Interviews at the London consulate are typically about 4 to 6 weeks
> after the date you make the appointment. You (or someone on your
> behalf) have to make the appointment by phone from within the UK.
> They take your passport at the interview, and you typically get it
> back about a week or two later. Full details are on the Consulate web
> pages.
>

A client of mine attempted to book an appointment on July 13 and was
scheduled for an interview on August 22. Part of this is summer holiday
schedules, but London is pretty booked. If the original poster is not
subject to 222(g) and has a legitimate reason for traveling to Japan, he
may wish to consider trying to apply at Tokyo. The post is highly
computerized, very efficient, and reasonably user-friendly. However, I
don't have current info on NIV waiting times there.

--

Above intended as general commentary, not legal advice.
Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com

Oakland, CA 94604-2979 E-mail: [email protected]
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