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L1B Visa to be Expired. I-94 Still Valid.

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  • L1B Visa to be Expired. I-94 Still Valid.

    Hello Frens,

    Here's my situation.

    I am working for company ABC on L1B Visa. My visa will be expiring in June'2010. However my I-94 is valid till May 2012. My company says that they can apply for L1 extension only within 6 months of I-94 expiration.

    My wife is On L2 Visa and has EAD. She is working for company ABC.

    Questions:

    1) Does USCIS have any such rule - "Application for L1 visa extension can be made only within 6 months of I-94 expiration" ?

    2) After my L1 visa expires in June'2010 can my wife continue to work in US?( Assuming my company doesn't apply for my visa extension)


    Any help will be highly appreciated. Thanks

  • #2
    1) Does USCIS have any such rule - "Application for L1 visa extension can be made only within 6 months of I-94 expiration" ?
    >>> Yes.

    2) After my L1 visa expires in June'2010 can my wife continue to work in US?( Assuming my company doesn't apply for my visa extension)
    >>> She can work only till her EAD expiration.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      1) Does USCIS have any such rule - "Application for L1 visa extension can be made only within 6 months of I-94 expiration" ?
      >>> Yes.

      2) After my L1 visa expires in June'2010 can my wife continue to work in US?( Assuming my company doesn't apply for my visa extension)
      >>> She can work only till her EAD expiration.
      Thanks a lot shervin. A follow up question..

      1) What options do I have now considering I need to go to India in Nov' 2010. Do you think its good time to get my employer apply for H1B for me? If not what else option do I have so that I can come back to US after visiting India in Nov 2010.

      Comment


      • #4
        They can apply for H1B and when approved, you can get it stamped and enter U.S (You can start working only from 1st Oct).

        They can file for the L1 extension (Since you will have to handover your I-94 to the airport officials) once you leave the country. When approved, you can enter in L1 (need to get the visa stamped if you don't already have a valid one). Premium processing will take only 15 days.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Originally posted by shervin143 View Post

          They can file for the L1 extension (Since you will have to handover your I-94 to the airport officials) once you leave the country. When approved, you can enter in L1 (need to get the visa stamped if you don't already have a valid one). Premium processing will take only 15 days.
          Please correct if I got it wrong.

          1) My L1B visa and petition expire in June'2010 and I-94 is valid still May 2012.
          2) I can travel to India before June'2010 (say in April 2010). My I-94 will be taken away. Thus my company can file for my extension while I am in India. Correct ?

          Query:
          If point 2 is correct, then will I be in US payroll or India payroll once I leave file for an extension from India in April'2010?

          Comment


          • #6
            1) My L1B visa and petition expire in June'2010 and I-94 is valid still May 2012.
            2) I can travel to India before June'2010 (say in April 2010). My I-94 will be taken away. Thus my company can file for my extension while I am in India. Correct ?
            >>> Correct.

            Query:
            If point 2 is correct, then will I be in US payroll or India payroll once I leave file for an extension from India in April'2010?
            >>> You should check this with your HR. When you are outside the country, you are no longer in L1 status. So you don't have to be in U.S payroll, unless you are going on a vacation and the company still pays you when you are in vacation.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Hi,

              I have a similar situation.
              Below are the validity dates of my L2 Visa, I-94 & EAD:

              L2 Visa Expiration Date: 18JUL2010
              I-94 : 06MAY2011
              EAD expiration date: 02OCT2010

              I would like to apply for EAD renewal on June 4th, 2010 [120 days before EAD expiration]

              Since I & my husband have I-94 valid till May 2011, my husband's company is planning to extend L1/L2 visas next year. Will my EAD renewal process have an impact in any way with L2 visa validity?

              As per my understanding, since I would remain on valid L2 visa after 18 July, 2010 for 7 months[till I-94 expiration date] I can renew my EAD without necessarily extending my L2 visa.

              Waiting for your response.

              Thanks,
              Kodati

              Comment


              • #8
                L1 Petition expiring

                Hi,
                I have approved L1 petition with me, which will expire on 18-Jun-2010. i.e almost in 3 months time, and I am not staying USA now.
                My company is asking me to go for L1 Visa stamping.

                Is there maximum time period, with in which I need to go for Visa stamping.?
                Or I can go for Visa stamping till the last day. ie 18-Jun-2010

                Or

                Is there any constraint saying that L1 visa petition should be valid for at least so many months before appearing for visa..

                Please advice me.

                Thanks,
                Mat.

                Comment


                • #9
                  You can go for stamping as long as the petition remains valid. However, the visa will be issued only till the petition expiry date and I-94 might be issued only till visa validity. In which case, it doesn't make sense to go for stamping on 18th June 2010. You need to plan properly.

                  Originally posted by matt9182 View Post
                  Hi,
                  I have approved L1 petition with me, which will expire on 18-Jun-2010. i.e almost in 3 months time, and I am not staying USA now.
                  My company is asking me to go for L1 Visa stamping.

                  Is there maximum time period, with in which I need to go for Visa stamping.?
                  Or I can go for Visa stamping till the last day. ie 18-Jun-2010

                  Or

                  Is there any constraint saying that L1 visa petition should be valid for at least so many months before appearing for visa..

                  Please advice me.

                  Thanks,
                  Mat.
                  Not a legal advice. Use of this information is strictly at your own risk.

                  Comment


                  • #10
                    Is L1b Extension Approved

                    Hi Guys i am also under the dilema of L1B extension, Can you please shareyour experiences of the approval ?


                    Thanks in advance

                    Comment


                    • #11
                      L1 B Visa and I-94 Expire

                      My L1 visa and I-94 both will expire on July 30 2010. My employer is applying for Blanket petition renewal. It is suggested to go to Canada or Mexico and come back before I-94 expires so that I-94 can be extended to another 2 or 3 years even though L1 B visa expires soon. Some of my colleagues came to US recently with the same L1 B visa with the same expiry date but they got I-94 for 3 years. Will I be getting I-94 for another 3 years once I come back from Canada or Mexico? Please advice. Thanks in advance.

                      Comment


                      • #12
                        L1 Expired but I 94 Valid

                        Hi There ,

                        I am in similar situation. My L1-B has expired but my I-94 is valid till May2012 .My company is filing renewal petition so that when ever I go out of USA i can come back with stamping based on new petition.
                        My Question : is there any time limit before which one has to go stamping once petition is approved or can i delay stamping for a year or so.

                        pls suggest.

                        NR

                        Comment


                        • #13
                          You can stay in the country as long as the I-94 remains valid. Visa stamping is required only if you leave the country and decide to re-enter. Visa is just an entry document.

                          Originally posted by nitrai View Post
                          Hi There ,

                          I am in similar situation. My L1-B has expired but my I-94 is valid till May2012 .My company is filing renewal petition so that when ever I go out of USA i can come back with stamping based on new petition.
                          My Question : is there any time limit before which one has to go stamping once petition is approved or can i delay stamping for a year or so.

                          pls suggest.

                          NR
                          Not a legal advice. Use of this information is strictly at your own risk.

                          Comment


                          • #14
                            L1 Expired but I 94 Valid

                            thanks Shervin143 for quick response.

                            I have one more question related to my this situation. My parents are applying for Visitor Visa . Is valid visa or renewal petition of sponsor must ? Will consulate grant B2 visa to my parent based on my valid I-94 ?

                            NR

                            Comment


                            • #15
                              USA Tourist Visa - Comprehensive information about the documents the sponsor of a visitor visa needs to send. Discuss any questions regarding sponsoring visitor visas in our discussion forum.


                              Originally posted by nitrai View Post
                              thanks Shervin143 for quick response.

                              I have one more question related to my this situation. My parents are applying for Visitor Visa . Is valid visa or renewal petition of sponsor must ? Will consulate grant B2 visa to my parent based on my valid I-94 ?

                              NR
                              Not a legal advice. Use of this information is strictly at your own risk.

                              Comment

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