L1B visa to L1A -- urgent

[pankaj23k]

I am on expired visa but valid I-94 till feb 2015.
My question., if i apply for L1A visa type and if it gets rejected , would my existing i-94 still be valid till its date.??

Thanks

[nicoeppersma]

Your I-94 will still be valid and you will not accrue unlawful presence. However, your work authorization depends on the validity of the original L-1B petition.

It is important to distinguish the visa and the petition. Your visa is nothing more than pre-approved authorization to travel to the U.S. and request admission as an L-1 alien. Your I-94 will determine the duration of your stay.

The underlying petition determines your work authorization: if your visa expires before your petition expire, you will still be able to work but not travel back into the U.S. If your I-94 expires before your work authorization expires, you will gain unlawful presence. However, usually the USCIS will send you a new I94 with a new petition.

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I am not a lawyer.