L2 Visa extension Question

[helpl1]

Hi all,

Currently i am having my i-94 till March 2015

If my wife goes to India and comes back to US by Feb End and she gets i-94 only till May 2013 ( which is visa validity) , then what is the procedure for extension.
Will it be complete extension process of L1/L2 filing for both of us or will it be a simple extension of her i -94 based on my i-94 as it is valid till March 2015.

I have posted this query earlier but couldn't find the thread.

Regards,
Vasu

[raghvi]

Hi all,

Currently i am having my i-94 till March 2015

If my wife goes to India and comes back to US by Feb End and she gets i-94 only till May 2013 ( which is visa validity) , then what is the procedure for extension.
Will it be complete extension process of L1/L2 filing for both of us or will it be a simple extension of her i -94 based on my i-94 as it is valid till March 2015.

I have posted this query earlier but couldn't find the thread.

Regards,
Vasu

In that case you can request extension of your spouse's I-94 by filing the I-539 with evidence of your valid status. But remember if either of you leave US after May 2013 for any reason whatsoever, in order to return you need to get a new visa stamping done.

This is my opinion not legal advice.

[helpl1]

In that case you can request extension of your spouse's I-94 by filing the I-539 with evidence of your valid status. But remember if either of you leave US after May 2013 for any reason whatsoever, in order to return you need to get a new visa stamping done.

This is my opinion not legal advice.

Hi Raghvi,

Thanks for your advice. After May 2013 even my Visa expires and i will be staying only on I-94( as it is valid till Mar 2015) , in this case also extension of my wife I-94 can be done by filing I-39

Regards

[raghvi]

One needs a Visa to enter US and valid I-94 to stay in US. One can enter US as long as one has a valid visa in passport.

I539 is filed for extension of stay request i.e. extension of I-94 or to change ones status while in US. It cannot be used to get a new Visa.

As long as you and your spouse enter US before May 2013 it should be ok. In case she doesnt get an I-94 date matchign yours you can request her I-94 to match yours by filing I539.

What I meant was that, after May 2013, if either of you leave US (or are already out of US) and wish to enter US then a new stamping would have to be done at the US consulate outside US.


This is my opinion not legal advice.

[Chiranjit Bordoloi]

L1 visa expires. What are the other options

Hi Everyone,

Please help me on this. My L1B visa is going to expire on the June 2013. My company is not interested in anything. can you please suggest some options that can be done. eg, going for GC?

[raghvi]

Hi Everyone,

Please help me on this. My L1B visa is going to expire on the June 2013. My company is not interested in anything. can you please suggest some options that can be done. eg, going for GC?

When is your I-94 going to expire? If it is also expiring in June 2013 and your company is not interested in filing your extension then am afraid you dont have much options left.

You can try your luck by finding an employer who will file H1 for you in April 2013, and if you dont want to leave US, convert to B1 from June 2013 before I-94 expiry, resign from L1 employer and file B1 to H1 COS later on or leave US in June 2013 before your I-94 expiry and get H1 stamped outside US and re enter US on H1 to work with the H1 employer from 01-Oct-2013 onwards.

Converting to L1 to B1 to H1 is not easily approved by USCIS. You can certainly start the GC process but unless you are EB1 category I doubt you have enough time to get it approved before June 2013. Even EB1 it seems may not be possible in such a short time frame. If you want to continue work in US best option would be to go the H1 route by getting new H1 stamping done.

This is my opinion not legal advice.