L1B - I94 end date more than Visa end date

[tnf84]

Hi

Could someone please help me answer these questions that i have? I'm confused and would really appreciate your help with my problem.

Here is my case
- I got my L1B visa stamped in May-2010 and i came to US immediately. I went out of US for 4 months recently and i reentered US on 28-Feb-2013. In my I94 card, the CBP officer entered a validity end date of 27-FEB-2016 even though my VISA expires in May-2013.

1. Can i legally work even after my visa expires just based on I94 and not filing for extension?
2. My company is planning to file for a visa extension this month. Will there be any issue with I94 validity date if my extension gets deined?
3. Can the CBP officer give such an end date on I94? i.e. almost 3 years more than my visa end date? Could this be an error on his part? I noticed that he looked at the computer to enter the date. Is there anyway i can know that this is the correct I94 end date?
4. I am planning to bring my wife to US after my L1b extension gets approved and then apply for L2-EAD for her.
If she goes for visa stamping now, what would be the duration of VISA that she might receive? Considering that my current petetion and visa end in May-2013, but have I94 valid till 2016.

I would really appreciate if someone can help me answer these questions.

Regards
Sandeep

[kabkaba]

Hi

Could someone please help me answer these questions that i have? I'm confused and would really appreciate your help with my problem.

Here is my case
- I got my L1B visa stamped in May-2010 and i came to US immediately. I went out of US for 4 months recently and i reentered US on 28-Feb-2013. In my I94 card, the CBP officer entered a validity end date of 27-FEB-2016 even though my VISA expires in May-2013.

1. Can i legally work even after my visa expires just based on I94 and not filing for extension? --Yes. Visa is only a travel document. Your work authorization comes from the petition (when does that expire?) and your permission to stay in the US comes from I-94.
2. My company is planning to file for a visa extension this month. Will there be any issue with I94 validity date if my extension gets deined? -- They don't need to file anything if the petition is blanket (without any expiry date). If they have any good attorneys, they should know better.
3. Can the CBP officer give such an end date on I94? i.e. almost 3 years more than my visa end date? Could this be an error on his part? I noticed that he looked at the computer to enter the date. Is there anyway i can know that this is the correct I94 end date? -- In case of L1B (specially blanket), 3 years are always given.
4. I am planning to bring my wife to US after my L1b extension gets approved and then apply for L2-EAD for her. -- She can apply for her L2 Visa based on the petition. There is no need for the extension.
If she goes for visa stamping now, what would be the duration of VISA that she might receive? Considering that my current petetion and visa end in May-2013, but have I94 valid till 2016. -- If she goes now her Visa will be till May 2013 only. But if she travels to US before Visa expiry, she can still get a 3 year I-94 and stay in the US with you.

I would really appreciate if someone can help me answer these questions.

Regards
Sandeep

See above.
The only thing you need to worry about is the total time you spend in the US in L1B status. That should not exceed 5 years.

[tnf84]

L1B - I94 end date more than Visa end date

See above.
The only thing you need to worry about is the total time you spend in the US in L1B status. That should not exceed 5 years.

Thanks a lot for your reply kabkaba!

You mentioned that my work authorization comes from the petition (when does that expire?)

Could you please let me know whether you are referring to the I129 or I797?

Thanks

[kabkaba]

It is the approval notice. I-129 is what your employer files and USCIS informs their decision on I-797.

[tnf84]

L1B - I94 end date more than Visa end date

It is the approval notice. I-129 is what your employer files and USCIS informs their decision on I-797.

Thanks a lot kabkaba!! My I-797 says that the petition is valid indefinitely. So i believe i should be ok??

I checked with my employer yesterday and they also mentioned the same thing that you said....that i dont need to apply for extension and USCIS will send it back saying extension not needed if they file it. I hope there will be no problems.

I have just one more question. You mentioned that my wife "can apply for her L2 Visa based on my petition and if she goes for visa stamping now she will get a visa May 2013 only. But if she travels to US before Visa expiry, she can still get a 3 year I-94 and stay in the US with you."
?

Could you please let me know if she can get an L2-EAD just based on the I-94 she gets while entering US? Even if my and her visa expires in May, can we still apply for her EAD based on L2? Please let me know.

Appreciate all your help!

Thanks

[kabkaba]

Yes, the EAD will be according to her I-94.

[tnf84]

L1B - I94 end date more than Visa end date

Yes, the EAD will be according to her I-94.

Thanks a lot for your response.

I need your help on one more question though. I just wanted to know if it is possible for my wife to get an L2 visa after my L1 Visa expires in May-2013.
Could you please advise?

Thanks in advance for your help!