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L1B Visa and Petition Expired, but I-94 Still Valid

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  • L1B Visa and Petition Expired, but I-94 Still Valid

    Hello Experts,

    I have a few questions on my situation below. I'm on my second L1 Blanket visa even though I have only stayed in US for a total of close to 4 years.

    I-94 -Expires as of 09/22/2015
    Passport - Expires as of 07/25/2015
    L1B Visa - Expired as of 4/5/2013
    I-129S -Expired as of 4/5/2013
    I-797 Blanket Petition(Issued to my Employer) - Valid indefinitely

    Spouse
    I-94 -Expires as of 09/22/2015
    L2 Visa - Expired as of 4/5/2013
    EAD - Expired as of 4/5/2013


    Questions:

    1. Can I stay and work in the US even though my I-129S is expired?
    2. The officer at POE stamped I-94 expiry date beyond my passport expiry date. Does that make it invalid?
    3. My spouse's I-94 expiry was stamped with the same expiry date as mine(09/22/2015) when we came back from India together last time. I read on the forum that usually the spouse's I-94 would match with petition end date and a separate extension would need to be filed at USCIS. In my case, can I assume that she is OK to stay even though her L2, based on my petition is only valid till 4/5/2013?
    4. My spouse had applied and received an EAD which expires as of 4/5/2013(Even though this was never used to work). Do I need to do anything for the EAD if my wife is not planning to work in future?

    Thanks and appreciate your help!

    VH

  • #2
    Originally posted by vhelp View Post
    Hello Experts,

    I have a few questions on my situation below. I'm on my second L1 Blanket visa even though I have only stayed in US for a total of close to 4 years.

    I-94 -Expires as of 09/22/2015
    Passport - Expires as of 07/25/2015
    L1B Visa - Expired as of 4/5/2013
    I-129S -Expired as of 4/5/2013
    I-797 Blanket Petition(Issued to my Employer) - Valid indefinitely

    Spouse
    I-94 -Expires as of 09/22/2015
    L2 Visa - Expired as of 4/5/2013
    EAD - Expired as of 4/5/2013


    Questions:

    1. Can I stay and work in the US even though my I-129S is expired?
    Yes, the blanket petition is the life-saver here.
    Originally posted by vhelp View Post
    2. The officer at POE stamped I-94 expiry date beyond my passport expiry date. Does that make it invalid?
    No, that is not a problem.
    Originally posted by vhelp View Post
    3. My spouse's I-94 expiry was stamped with the same expiry date as mine(09/22/2015) when we came back from India together last time. I read on the forum that usually the spouse's I-94 would match with petition end date and a separate extension would need to be filed at USCIS. In my case, can I assume that she is OK to stay even though her L2, based on my petition is only valid till 4/5/2013?
    Yes.
    Originally posted by vhelp View Post
    4. My spouse had applied and received an EAD which expires as of 4/5/2013(Even though this was never used to work). Do I need to do anything for the EAD if my wife is not planning to work in future?
    No, in fact, there are different opinions on whether or not an L2 spouse requires an EAD to work. However, if she does not want to work she can simply have the EAD expire.

    Comment


    • #3
      L1B & Petition Expires & I94-Valid. Can I stay without working

      Hello Experts,

      I have a few questions on my situation below.

      I'm on L1 Blanket visa.

      I-94 -Expires as of 09/2015
      L1B Visa - Expired as of 07/2013
      I-129S -Expired as of 07/2013
      I-797 Blanket Petition(Issued to my Employer) - Valid indefinitely

      Questions:

      1. My company is planning to apply visa extension, but this is not progressing as expected due to approval process delays. My company says that with I94 person can stay but cannot work

      ? Is it possible for me to stay in US without working

      ? Do I need to be with my current company to stay in US or Is it ok to resign from the company and stay in the country if they cannot apply Extension before my visa expiry

      Reason for asking, Another company is willing to apply different Visa for me, for that they are asking me to stay in the country till end of this year
      ? Is it possible for me to stay till end of 2013, if any other company willing to apply different visa for me


      Thanks and appreciate your help!

      Comment


      • #4
        Originally posted by sudha12 View Post
        Hello Experts,

        I have a few questions on my situation below.

        I'm on L1 Blanket visa.

        I-94 -Expires as of 09/2015
        L1B Visa - Expired as of 07/2013
        I-129S -Expired as of 07/2013
        I-797 Blanket Petition(Issued to my Employer) - Valid indefinitely

        Questions:

        1. My company is planning to apply visa extension, but this is not progressing as expected due to approval process delays. My company says that with I94 person can stay but cannot work

        ? Is it possible for me to stay in US without working

        ? Do I need to be with my current company to stay in US or Is it ok to resign from the company and stay in the country if they cannot apply Extension before my visa expiry

        Reason for asking, Another company is willing to apply different Visa for me, for that they are asking me to stay in the country till end of this year
        ? Is it possible for me to stay till end of 2013, if any other company willing to apply different visa for me


        Thanks and appreciate your help!
        Your company immigration team needs to consult a good lawyer. One cant stay and work too on an expired visa but valid I-94 as long as the 5 year L1B period stay in US has not completed.
        Yes, on L1 B one has to remain with the company which sponsored the L1B. If you resign without moving to H1 than you will go out of status.
        On what visa will the other company appoint you? H1 quota for this year is already over. Did you have any previous H1s?

        In future, Please dont hijack a thread. Instead open a new one.

        This is my opinion not legal advice.

        Comment


        • #5
          Hi,

          I'm on L1 Blanket visa.


          L1B Visa - Expired as of 10/2016
          I-129S -Expired as of 10/2015
          I-797 Blanket Petition(Issued to my Employer) - Valid indefinitely
          I-94 -Expires as of 10/2016 - When i last time entered in US

          I have to travel to US for my work.My I 129S(on Oct, 2015) is expired but i have valid L1 visa(till oct 2016).
          Can i travel?

          What is the procedure to reneweal my I129S ?
          Please reply asap.

          Comment

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