L1B (Blanket) expiring in 2 months

[only4.internet13]

Hi,
My L1B visa is expiring in May 2013 and I have I94 till same date. Also my passport expired in February 2013 and I got it renewed in February itself. I have couple of questions:

1. Can I get my I94 extended while I am in US as I still have 2 more years to complete 5 year term? I was told that local CBP office does that, should I go there personally to get it done?
2. If I am traveling to India for a week. Will there be any issue while coming back (during immigration) as I will have only 2 months remaining in L1 validity.

My wife and kid have extended I94, the issue is only with my I94.


Please help....I really need your help.

Thanks,
Raj.

[raghvi]

Hi,
My L1B visa is expiring in May 2013 and I have I94 till same date. Also my passport expired in February 2013 and I got it renewed in February itself. I have couple of questions:

1. Can I get my I94 extended while I am in US as I still have 2 more years to complete 5 year term? I was told that local CBP office does that, should I go there personally to get it done?
2. If I am traveling to India for a week. Will there be any issue while coming back (during immigration) as I will have only 2 months remaining in L1 validity.

My wife and kid have extended I94, the issue is only with my I94.


Please help....I really need your help.

Thanks,
Raj.

Surprising that they issued you a I-94 beyond passport expiry.

I doubt local CBP will extend I-94 beyond visa date. You can file for L1 extension request but that will involve filing I129 which has potential chance of getting into RFE and later rejection. You can leave US and return after a week and return before visa expiry but the I-94 that gets issues at Port of Entry may or may not be beyond May 2013, it depends on the visa officer. If he/she grants you an I-94 only till May 2013 your trip just to get a valid I-94 will go waste. You can try your luck by visiting a neighboring country to get a new I-94.

But you have to understand, even after getting a valid I-94, after May 2013, in case you or your dependents need to travel out of US, you would need to go for fresh visa stamping and get a new visa in order to return.

This is my opinion not legal advice.

[only4.internet13]

Surprising that they issued you a I-94 beyond passport expiry.

I doubt local CBP will extend I-94 beyond visa date. You can file for L1 extension request but that will involve filing I129 which has potential chance of getting into RFE and later rejection. You can leave US and return after a week and return before visa expiry but the I-94 that gets issues at Port of Entry may or may not be beyond May 2013, it depends on the visa officer. If he/she grants you an I-94 only till May 2013 your trip just to get a valid I-94 will go waste. You can try your luck by visiting a neighboring country to get a new I-94.

But you have to understand, even after getting a valid I-94, after May 2013, in case you or your dependents need to travel out of US, you would need to go for fresh visa stamping and get a new visa in order to return.

This is my opinion not legal advice.

Thanks raghvi for complete picture.

One question:while coming back provided I have 2 more months of visa validity, worst case I get I94 for May 2013 only. But that would be against new passport and then can I get I94 corrected at local CBP office?

Thanks,
Raj.

[raghvi]

No you cannot. In that case you will have to file for an extension while in US. No one can predict what is the I-94 validity date one will get. One typically gets I-94 based on one of the following:

1. Passport expiry date.
2. Petition End Date.
3. Visa End Date.
4. 3 Years from time of entry (in most of L1B cases).
5. In rare cases based solely on the immigration officers judgement based on the conversation at the Port Of Entry (typically during B1/B2).

Its only when 1 is lesser than 3 that one can renew passport and try the possibility of getting a new I-94 at a nearby CBP office.

This is my opinion not legal advice.