British Expats

British Expats (https://britishexpats.com/forum/)
-   US Immigration, Citizenship and Visas (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/)
-   -   Renewal of work permit (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/renewal-work-permit-809557/)

Noorah101 Sep 17th 2013 11:19 pm

Re: Renewal of work permit
 

Originally Posted by heather123 (Post 10905731)
Thanks Noorah, so just to confirm is it just the I-765 application that my husband needs to file?

If your husband is on an L-1 visa, that is a work visa in and of itself. He does not need an EAD to be eligible to work, so he does not need to file an I-765. If you and the kids don't want to work, then you also don't need an EAD, and don't need to file an I-765.

So my guess is that when you say "work permit", you are NOT referring to the EAD.

Rene

Michael Sep 17th 2013 11:22 pm

Re: Renewal of work permit
 

Originally Posted by heather123 (Post 10905682)
I certainly agree that it as to be done correctly the first time. We did he initial petition ourselves and get that all approved ok. I was just looking to see if anyone had done this before and what form they filed.

It sounds like you have a small company in the UK and started a branch in the US. Generally the L-1 visa in those cases are usually issued only for one year and then comes the difficult part try to get it renewed for an additional 3 years. There have been several on BE that have gone through that experience (some successful and others not).

I believe the following person (Flabound oneday) went through a similar experience and maybe you can search his threads to determine what to do.

http://britishexpats.com/forum/member.php?u=107991

heather123 Sep 17th 2013 11:26 pm

Re: Renewal of work permit
 
Had a look at the link you sent hungaryhorace and that is if the L visa has expired, our visas are valid until 2017 it is just the I-797b notice of action that need to be renewed

heather123 Sep 17th 2013 11:29 pm

Re: Renewal of work permit
 
Thanks Noorah for your information, I think it looks like the I-129 will have to be filed. Thanks for your information Michael I will search the link you provided

Orangepants Sep 17th 2013 11:31 pm

Re: Renewal of work permit
 

Originally Posted by heather123 (Post 10905757)
Had a look at the link you sent hungaryhorace and that is if the L visa has expired, our visas are valid until 2017 it is just the I-797b notice of action that need to be renewed

The visa is the travel document that lets you into the country - consulates seem to be stamping people for the maximum amount of time that that petition status allows now to save consulate trips. The petition is what gives him the authorization to work which is only valid for the year - your L1 petition will expire at the year end so you need to renew with a I-129.

hungryhorace Sep 17th 2013 11:31 pm

Re: Renewal of work permit
 

Originally Posted by heather123 (Post 10905757)
Had a look at the link you sent hungaryhorace and that is if the L visa has expired, our visas are valid until 2017 it is just the I-797b notice of action that need to be renewed

That the visa had expired is not relevant. You can be in the country legally on an expired visa, so long as your I-94 expiry date has not yet passed.

You need to renew the L1 using an I-129, and given the advice of Michael (and from that my immigration attorney supplied to me when I went through the L1 process) detailing potential troubles ahead in renewing a 'new office' L1, you would be very highly advised to seek professional advice in ensuring your extension is handled correctly.

Michael Sep 17th 2013 11:33 pm

Re: Renewal of work permit
 

Originally Posted by heather123 (Post 10905759)
Thanks Noorah for your information, I think it looks like the I-129 will have to be filed. Thanks for your information Michael I will search the link you provided

There have been several on BE that started a branch for a small business. Look at the threads he started as well as his posts in other threads since he has responded to others in a similar situation.

Bob Sep 17th 2013 11:33 pm

Re: Renewal of work permit
 

Originally Posted by hungryhorace (Post 10905689)
Is an EAD required to extend a work petition though? I was under the belief an I-129 would need to be filed again to extend?

EAD is the work permit, for the spouse.

EAD is separate to the L1 visa.


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