L1B Blanket visa validity and I-94 validity

[som]

Hello members,

Request your advise on this please. I'm on a L1B Blanket visa (since Jan 2010) along with my wife (L2 with EAD), both of us working here in US. My visa expired on 7-Sep-2012. Both me and my wife's I-94 are valid until June 2015. I understand that I can legally stay and work in US until June 2015. Due to an unexpected event in India, I need to go visit my parents now. But since I'm on I-94 validity (visa expired), I guess I would not be able to return back if I leave now. Is there any option that you can suggest or advise, that would let me and my wife go to India now for 3 weeks and then come back to US and continue our employment?

[raghvi]

Hello members,

Request your advise on this please. I'm on a L1B Blanket visa (since Jan 2010) along with my wife (L2 with EAD), both of us working here in US. My visa expired on 7-Sep-2012. Both me and my wife's I-94 are valid until June 2015. I understand that I can legally stay and work in US until June 2015. Due to an unexpected event in India, I need to go visit my parents now. But since I'm on I-94 validity (visa expired), I guess I would not be able to return back if I leave now. Is there any option that you can suggest or advise, that would let me and my wife go to India now for 3 weeks and then come back to US and continue our employment?

There is no option other than going for a fresh stamping. If you leave you need to get a fresh L1/H1 visa stamping done in India in order to return to US.

L1, if applied in premium, and without RFE and if approved might take 15-20 days. On H1 you can come return earliest 1 Week before 01-Oct-2013, if approved, but your wife will not be work if you move to H1.

This is my opinion not legal advice.

[som]

There is no option other than going for a fresh stamping. If you leave you need to get a fresh L1/H1 visa stamping done in India in order to return to US.

L1, if applied in premium, and without RFE and if approved might take 15-20 days. On H1 you can come return earliest 1 Week before 01-Oct-2013, if approved, but your wife will not be work if you move to H1.

This is my opinion not legal advice.

Thank your 'raghvi' for your quick reply! One more question - I did find in USCIS site that an extension can be filed 7 months before expiry of I-94. But, in my case, if I file the extension now (I-94 expires in Jun 2015, visa expired Sept 2012) would USCIS straight away reject my application or do you think there is a chance of the application being picked up for extension review? I see that you are senior member here, so just to ask - do you know of cases where someone has been able to file extension many many months (>7) prior to visa extension? The enormous amount of rejections of new L1B petitions scares me and makes me wonder if filing an extension is an option.

[raghvi]

Thank your 'raghvi' for your quick reply! One more question - I did find in USCIS site that an extension can be filed 7 months before expiry of I-94. But, in my case, if I file the extension now (I-94 expires in Jun 2015, visa expired Sept 2012) would USCIS straight away reject my application or do you think there is a chance of the application being picked up for extension review? I see that you are senior member here, so just to ask - do you know of cases where someone has been able to file extension many many months (>7) prior to visa extension? The enormous amount of rejections of new L1B petitions scares me and makes me wonder if filing an extension is an option.

I dont see a point of applying for extension. Extension of stay is applied when ones I-94 is nearing expiry and one needs to extend ones stay. But since you are allowed to stay till 2015 based on your I-94 you dont need an extension. USCIS in such cases typically responds back saying extension not required.

What you need is not only an extended L1B petition(in case it has got an expiry) but also a new visa stamp in your passport to enable you to re enter US which can only get while you are outside US. So even if you apply for extension and even if your petition gets extended while in US, you still need to go for visa stamping interview in order to return to US.

This is my opinion not legal advice.