L1B validity, stamp vs I129S

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Old Jul 20th 2017, 9:21 pm
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Default L1B validity, stamp vs I129S

Hi all,

I had the interview for my blanket L1B petition last Friday and it was approved, so I wanted to share my experience as well as ask a couple questions.

My appointment was for 8:30 am, I got there 45mins before and they were still letting the 8 am queue in. The good thing about getting there early is that I was one of the first people in the 8:30 queue.

Just a few minutes before 8:30 our queue started moving, from there to the security control queue, then into the building where you get a number. Numbers were being called pretty quickly and within 10 minutes I was at the first window, papers checked, sent to the cashier to pay the $500 fraud prevention fee, back to the first window and then off to another one for the interview. I was surprised how quickly it went, especially taking into account it was for a blanket L1. Around 2 minutes, and the typical 3-4 questions, and I was informed the paperwork looked OK so they were going to process my visa.

I read here before that early appointments are better, and in my experience, it is proven to be a good thing as I was walking out around 9:30am.

Tuesday around 3pm I got the email notification stating my passport had been handed over to the courier and I just collected it from the depot today. Pretty much only 2 working days in Administrative Processing.

Along with my passport, I got back two copies of the I-129S. My question is around the validity of the visa, the stamp on the passport says it expires in 2022 but the I-129 validity dates were handwritten with a "valid until date" of 2020.

Have I been granted a 3-year one or a 5-year one? Which one rules? Visa Stamp or I-129?

Ed
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Old Jul 20th 2017, 10:12 pm
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Default Re: L1B validity, stamp vs I129S

Originally Posted by Ed2017
Have I been granted a 3-year one or a 5-year one? Which one rules? Visa Stamp or I-129?
They don't serve the same purpose... so both rule - but for different reasons. A visa is a travel document... so, the visa allows you to travel to the US (and ask permission to enter) right up until the expiry date on the visa (2022). The I-129S, however, is the validity period of the underlying petition - which is valid until 2020. I believe that even if the petition expires, the visa remains valid.

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Old Jul 21st 2017, 12:42 pm
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Default Re: L1B validity, stamp vs I129S

After 2020 you will need to request an extension of status from USCIS.
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Old Jul 21st 2017, 3:21 pm
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Default Re: L1B validity, stamp vs I129S

Your visa is only valid with a valid supporting petition.

Having the 5 years visa means that you don't need to go and get a new visa if and when your employer successfully petitions for a two tear extension for your three year L1B. There is probably a field marked 'PED' on your visa with a date that matches your I-129S.
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Old Jul 21st 2017, 4:27 pm
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Default Re: L1B validity, stamp vs I129S

Originally Posted by roberth1970
Your visa is only valid with a valid supporting petition.
Ah... well then, I stand corrected.

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Old Jul 24th 2017, 1:09 pm
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Default Re: L1B validity, stamp vs I129S

Originally Posted by jxv73
After 2020 you will need to request an extension of status from USCIS.
Thanks for your clarification.
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Old Jul 24th 2017, 1:11 pm
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Default Re: L1B validity, stamp vs I129S

Originally Posted by roberth1970
Your visa is only valid with a valid supporting petition.

Having the 5 years visa means that you don't need to go and get a new visa if and when your employer successfully petitions for a two tear extension for your three year L1B. There is probably a field marked 'PED' on your visa with a date that matches your I-129S.
Thank your very much for your help! Yes, indeed as you suggested there is a PED date matching my I-129S.

And thanks to @ian-mstm; for his response as well.
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Old Jul 25th 2017, 8:29 pm
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Default Re: L1B validity, stamp vs I129S

Just seconding all the above; PED date should match the i94 date, for the UK all L1-B's are issued with a 5 year expiry, but the remaining 2 years need to be applied for by your sponsor, once that comes through you'll get paperwork showing that your visa is valid and that the PED date on the visa has been extended until the visa expiry date.
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Old Jul 26th 2017, 8:58 am
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Default Re: L1B validity, stamp vs I129S

Originally Posted by TheKingOfHearts
Just seconding all the above; PED date should match the i94 date, for the UK all L1-B's are issued with a 5 year expiry, but the remaining 2 years need to be applied for by your sponsor, once that comes through you'll get paperwork showing that your visa is valid and that the PED date on the visa has been extended until the visa expiry date.
Thanks! Regarding reclaiming the time spent outside the US, I know you can do it throughout the duration of your visa, but what about before you enter? In my case my visa is valid from last week but I won't be moving until Mid-Late September. Will the date of first entry be used for the recalculating the Visa and/or Petition duration? Or will I have to claim that time back?

Thanks in advance.
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Old Jul 28th 2017, 8:50 pm
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Default Re: L1B validity, stamp vs I129S

Originally Posted by Ed2017
Thanks! Regarding reclaiming the time spent outside the US, I know you can do it throughout the duration of your visa, but what about before you enter? In my case my visa is valid from last week but I won't be moving until Mid-Late September. Will the date of first entry be used for the recalculating the Visa and/or Petition duration? Or will I have to claim that time back?

Thanks in advance.
My understanding is the best time to do this is at the same time as your company applies to extend your PED. I honestly don't know if you can do it before you enter, presumably so, but all the recommendations I've seen including for my own is to file that + evidence that you weren't in the US alongside the PED extension.
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