L1B Visa expiring but Valid I94

[npp]

Hi,
My L1B Visa is expiring in 15th June 2013 and I94 is valid through Jan 2015. I am travelling to india on 15th May 2013 and returning to US on 1st June 2013. In that case, Can I still enter in US on valid Visa for another 15 days (Visa validity is 15th June 2013)? My company is planning to file a visa extension on my return to US. i.e after 1st June 2013. IS it still valid case? or I can't enter to US with only 15 days of valid visa.

Please let me know, if the question is not clear.

Thanks,

NPP

[raghvi]

Hi,
My L1B Visa is expiring in 15th June 2013 and I94 is valid through Jan 2015. I am travelling to india on 15th May 2013 and returning to US on 1st June 2013. In that case, Can I still enter in US on valid Visa for another 15 days (Visa validity is 15th June 2013)? My company is planning to file a visa extension on my return to US. i.e after 1st June 2013. IS it still valid case? or I can't enter to US with only 15 days of valid visa.

Please let me know, if the question is not clear.

Thanks,

NPP

Technically you can, but in case you get I-94 only till 15-June-2013 upon your return you will have only 15 Days to file for extension request.

This is my opinion not legal advice.

[kabkaba]

You can in principle travel. Extension will be necessary if you get a short I-94 on your return.

[npp]

Technically you can, but in case you get I-94 only till 15-June-2013 upon your return you will have only 15 Days to file for extension request.

This is my opinion not legal advice.

Thanks Raghvi.
But legally it is still valid case? USCIS or POE will not stop me to enter in US, right?
If new I-94 is valididity is for next 15 days and my company apply for my extension during these 15 days and I can stay till the time they give me decision?
if it extension gets rejected, then i have to go back to india otherwise i can stay till the time i gets decision or RFE?.

[kabkaba]

Thanks Raghvi.
But legally it is still valid case? USCIS or POE will not stop me to enter in US, right? --Yes
If new I-94 is valididity is for next 15 days and my company apply for my extension during these 15 days and I can stay till the time they give me decision? --Yes
if it extension gets rejected, then i have to go back to india otherwise i can stay till the time i gets decision or RFE?. --Yes

See above.

[nicoeppersma]

Hi,
My L1B Visa is expiring in 15th June 2013 and I94 is valid through Jan 2015. I am travelling to india on 15th May 2013 and returning to US on 1st June 2013. In that case, Can I still enter in US on valid Visa for another 15 days (Visa validity is 15th June 2013)? My company is planning to file a visa extension on my return to US. i.e after 1st June 2013. IS it still valid case? or I can't enter to US with only 15 days of valid visa.

It is important to make a distinction between the visa and your work authorization.

Your L-1B petition will have been approved for three years on June 15th, 2010, which explains the expiration date of your visa. The CBP however, started validating I-94s until the theoretical end-date of your work authorization (assuming 5 years) or the expiration date of your passport, whichever comes sooner. (so I assume your passport expires in Jan 2015).

Your L1 visa will allow you to apply permission to the U.S. at a port of entry in the L-1 classification. This will not automatically give you work authorization. If your I-129 expires on June 15, 2013, you will not have authorization to work beyond that date. Your employer will have to file for an extension, and my recommendation would be to provide a lot of documentation; a high number of L-1B extension petitions have been denied recently. Only an approved I-129 will provide you with work authorization, regardless of your immigration status as an L-1 holder. This is why your SSN card says "valid for work only with DHS authorization".