L1-B visa extension on expired visa but valid I94

[grvshr]

I travelled to USA on my L1-B visa which was valid till October'2011, but got I-94 which is valid till December'2013. I have couple of queries regarding it:

1. Can I file my L1-B visa extension now (November' 2012), though my I-94 is still valid for one more year (want extension coz I want to travel back to india for a short trip)?

2. Is there any rule that visa extension can not be filed before 6 months of I-94 expiration?

[raghvi]

I travelled to USA on my L1-B visa which was valid till October'2011, but got I-94 which is valid till December'2013. I have couple of queries regarding it:

1. Can I file my L1-B visa extension now (November' 2012), though my I-94 is still valid for one more year (want extension coz I want to travel back to india for a short trip)?

2. Is there any rule that visa extension can not be filed before 6 months of I-94 expiration?

1. NO.
2. YES.

I think you are confusing things, Valid visa allows one to enter US, valid I-94 allows one to stay in US.

When in US one can only request for extension of I-94 i.e. extension of stay or change of status done through form I539. Since you are legally allowed to stay till December 2013, USCIS will mostly reject applications for request for extension when I-94 expiry is more than 6 Months away by saying that exension not required currently.

You cannot request for a new visa while in US, there is nothing called extension of visa. You can only do that by filing a new petition and getting a new visa stamp at a consulate abroad.

As your visa has already expired, if you need to be able to travel into US you would need a new visa stamp in your passport, that you would get by filing a new petition, and DS-160, booking appointment and getting new visa at US consulate outside US.

I think there is another way, if your green card is filed and I485 is pending you may be eligible for an Advance Parole too which will allow you to travel without the necessity of getting a visa stamp in order to re enter.

This is my opinion not legal advice.

[grvshr]

1. NO.
2. YES.

I think you are confusing things, Valid visa allows one to enter US, valid I-94 allows one to stay in US.

When in US one can only request for extension of I-94 i.e. extension of stay or change of status done through form I539. Since you are legally allowed to stay till December 2013, USCIS will mostly reject applications for request for extension when I-94 expiry is more than 6 Months away by saying that exension not required currently.

You cannot request for a new visa while in US, there is nothing called extension of visa. You can only do that by filing a new petition and getting a new visa stamp at a consulate abroad.

As your visa has already expired, if you need to be able to travel into US you would need a new visa stamp in your passport, that you would get by filing a new petition, and DS-160, booking appointment and getting new visa at US consulate outside US.

I think there is another way, if your green card is filed and I485 is pending you may be eligible for an Advance Parole too which will allow you to travel without the necessity of getting a visa stamp in order to re enter.

This is my opinion not legal advice.

That was also my knowledge that I can not request a new visa (or extension) while being here in USA. But my company has filed the extension of my colleague who sits beside me. He got new I-797 with extended date and now he is going to India where he will get his visa stamped (already scheduled appointment).

[kabkaba]

You don't need extension to travel outside of US. You need extension to stay in the US (which you can as per your I-94).

Since this is based on a blanket petition that does not have any expiry date, you can apply for your Visa again using the same petition if you travel outside US.
If your petition has an expiry date, your employer will have to extend that. This can be done if the petition expiry is within the next 6 months.