L1B Expiry , Travel & Extension

[MilindBhaskar]

Hello,

I have some queries on L1B Visa Expiry and Extension time frame. My L1B Visa is going to Expire on 28-March-2013....meanwhile i got an opportunity to travel to US on this Visa ...since Expiry date is very near , is it advisable to travel on such a short Expiry period? . I have below doubts :-

a) I have L1 visa and it expires on 28-March-2013. Can I travel to US anytime before this expiration date? And apply for extension from US?
b) Is it feasible to have my L1B Visa extension filed in primium ...as soon as I reached US.
c) Is it feasible to start the process of Visa Extension from India itself ?
d) Any idea if i can stay back in US once Extension is filed in 15-20 days ?

Your suggestion is greatly appriciated.

Regards

MilindBhaskar

[raghvi]

Hello,

I have some queries on L1B Visa Expiry and Extension time frame. My L1B Visa is going to Expire on 28-March-2013....meanwhile i got an opportunity to travel to US on this Visa ...since Expiry date is very near , is it advisable to travel on such a short Expiry period? . I have below doubts :-

a) I have L1 visa and it expires on 28-March-2013. Can I travel to US anytime before this expiration date? And apply for extension from US?
b) Is it feasible to have my L1B Visa extension filed in primium ...as soon as I reached US.
c) Is it feasible to start the process of Visa Extension from India itself ?
d) Any idea if i can stay back in US once Extension is filed in 15-20 days ?

Your suggestion is greatly appriciated.

Regards

MilindBhaskar

a. Yes.
b. Visa extension doesn't happen while in US. You can apply for extension of I-94 feasibility of which depends upon the date given to you on the I-94 when you enter US.
c. Yes.
d. Read answer to question b above.

Visa, petition, and validity of stay in US all are different things.
What you need to get into US is a valid visa, what you need to stay in US is a valid I-94 for that visit which the Officer at the POE will give you. Every time you leave US you need to return that I-94 and and every time you enter US you get a new I-94 , provided you have a valid visa.

Now, you can enter US as long as you have a valid visa in your passport. But for how long can you stay during that visit will be decided by the Officer a the POE. In your case the officer might give you I-94 till 28-March-2013, till 2016 or any date he/she deems suitable. Irrespective of this date, if and when you leave US after 28-March-2013, you need to get a fresh visa stamping done in order to re enter US as you still need a valid visa to enter US.

Visa extension doesn't happen while in US. What one applies for while in US is a extension of stay request. Its a request to extend ones stay beyond the I-94. This can be applied at max 6 Months before i-94 expiry date. Now, if the I-94 date given to you is valid more than 6 Months in future you cant apply for extension request. Also, as and when extension is applied and approved you still need to go for stamping of a new visa if and when you leave after your visa expiry date.


This is my opinion not legal advice.