I-94 Correction at CBP Office for L2 Visa holder

[referforum]

Hi,

I would like to know the procedure for changing I-94 date. Myself and my spouse having same visa(L1/L2) expiry date but we have different I-94 validity date.

Please find below details,
L2 Visa Valid - Nov 2013
I-94 Valid -Nov 2013

My spouse details are
L1 Visa Valid - Nov 2013
I-94 valid - Dec 2015.

My questions are

1. Can I change the I-94 date of L2 visa holder from Nov-2013 to Dec-2015 on the bases of L1- visa holder's I-94.
2. I heard we can change at CBP office. Can anybody confirm.
3. Is it require to fillup the I-539 form for it.

Thanks for the input.

[kabkaba]

Hi,

I would like to know the procedure for changing I-94 date. Myself and my spouse having same visa(L1/L2) expiry date but we have different I-94 validity date.

Please find below details,
L2 Visa Valid - Nov 2013
I-94 Valid -Nov 2013

My spouse details are
L1 Visa Valid - Nov 2013
I-94 valid - Dec 2015.

My questions are

1. Can I change the I-94 date of L2 visa holder from Nov-2013 to Dec-2015 on the bases of L1- visa holder's I-94. --Yes
2. I heard we can change at CBP office. Can anybody confirm. --No, it only works if the shorter I-94 is due to CBP's mistake.
3. Is it require to fillup the I-539 form for it. --Yes

Thanks for the input.

See above.

[referforum]

Thanks for reply.

Do I have to submit the form to CBP or USCIS.

What is the positive rate for getting I-94 date change is there any chance of denial.

[kabkaba]

Search for form I-539 and instructions on USCIS website. The form can also be EFiled.
It is not called I-94 date change, but simply extension of status.

As supporting documents you will need the following,
L1 petition approval notice copy
L1 I-94 copy (both sides)
L1 paystubs
L1 passport pages copy
L1 Visa copy if any
L2 I-94 copy both sides
L2 Visa copy if any
L2 passport pages copy
Copy of marriage certificate

It can be filed maximum 6 months before current I-94 expiry and it must be at least received by USCIS before I-94 expiry. It takes about 2 to 3 months for processing. There is very low likelihood of this being denied if all proper documents are provided.

[referforum]

Search for form I-539 and instructions on USCIS website. The form can also be EFiled.
It is not called I-94 date change, but simply extension of status.

As supporting documents you will need the following,
L1 petition approval notice copy
L1 I-94 copy (both sides)
L1 paystubs
L1 passport pages copy
L1 Visa copy if any
L2 I-94 copy both sides
L2 Visa copy if any
L2 passport pages copy
Copy of marriage certificate

It can be filed maximum 6 months before current I-94 expiry and it must be at least received by USCIS before I-94 expiry. It takes about 2 to 3 months for processing. There is very low likelihood of this being denied if all proper documents are provided.

Thanks for all the details.

Now is this case,
1. what if my husband apply for L1B extension since his visa will expire on Nov-2013thought he has I-94 valid until Dec 2015.
Will there be any issue for my(L2) I-94 extension .

2. Do we have to go for L1B new stamping or L1B extension since I-94 is valid until Dec 2015.

[kabkaba]

Thanks for all the details.

Now is this case,
1. what if my husband apply for L1B extension since his visa will expire on Nov-2013thought he has I-94 valid until Dec 2015. -- There is no L1 extension needed or possible.
Will there be any issue for my(L2) I-94 extension .

2. Do we have to go for L1B new stamping or L1B extension since I-94 is valid until Dec 2015.
-- Not for the sake of it.

See above.

[referforum]

See above.

Thanks for details.

My spouse's company is asking to go for L1b extension for leagl purpose. Will that work for us or what can be the scenarion will it happen. Can you suggest any other option for it.

[raghvi]

Thanks for details.

My spouse's company is asking to go for L1b extension for leagl purpose. Will that work for us or what can be the scenarion will it happen. Can you suggest any other option for it.

Your Spouse has an I-94 valid till Dec 2015. Extension of status request is filed if ones I-94 is expiring within next 6 Months. Since your spouse's I-94 is valid for much more than that, if you file an extension request while in US for your spouse the USCIS will most likely respond saying extension not required. What your spouse's company may be asking for you two is to go outside and get a new visa stamped in the passport.



This is my opinion not legal advice.

[referforum]

Your Spouse has an I-94 valid till Dec 2015. Extension of status request is filed if ones I-94 is expiring within next 6 Months. Since your spouse's I-94 is valid for much more than that, if you file an extension request while in US for your spouse the USCIS will most likely respond saying extension not required. What your spouse's company may be asking for you two is to go outside and get a new visa stamped in the passport.



This is my opinion not legal advice.

Thanks for reply.

1. It means since he has I-94 until Dec 2015, if we go out of USA after visa expired date then it will require visa stamp.
2. What will be the procedure if we are planning to go for L1B stamping in Canada. How early we should start the process.
3. Which option is safe can we stay on the bases of I-94 or do we go and stamp for L1B visa in canada.

[kabkaba]

Thanks for reply.

1. It means since he has I-94 until Dec 2015, if we go out of USA after visa expired date then it will require visa stamp. --Yes
2. What will be the procedure if we are planning to go for L1B stamping in Canada. How early we should start the process. -- Any time.
3. Which option is safe can we stay on the bases of I-94 or do we go and stamp for L1B visa in canada. --Stay on basis of I-94

See above.

[raghvi]

See above.

I would concur. The best option would be to file for your extension of status while in US to get an I-94 to match your spouse's I-94 by filing I539. I dont know why your spouse's company is insisting on L1B extension.

Also, when is the 5 Year L1B stay in US completion for your spouse as there is a 5 Year stay limit on L1B

This is my opinion not legal advice.

[referforum]

I would concur. The best option would be to file for your extension of status while in US to get an I-94 to match your spouse's I-94 by filing I539. I dont know why your spouse's company is insisting on L1B extension.

Also, when is the 5 Year L1B stay in US completion for your spouse as there is a 5 Year stay limit on L1B

This is my opinion not legal advice.

Thanks for quick and useful reply.

He came to USA on L1B visa in Jan 2011 then for 3 weeks (2 time) he went back to home country.

Based on I-94 Date changes for me (L2 visa) I will then have to apply for L2- EAD extension as well. Will there be any issue since L2-EAD is valid until visa validty.

[raghvi]

Thanks for quick and useful reply.

He came to USA on L1B visa in Jan 2011 then for 3 weeks (2 time) he went back to home country.

Based on I-94 Date changes for me (L2 visa) I will then have to apply for L2- EAD extension as well. Will there be any issue since L2-EAD is valid until visa validty.

L2 EAD is valid till I-94 expiry. You can apply for extension as well as EAD together.

This is my opinion not legal advice.

[referforum]

L2 EAD is valid till I-94 expiry. You can apply for extension as well as EAD together.

This is my opinion not legal advice.

Thanks for all the details.

FYI,

We went to CBP office today , they have asked me couple of questions regarding entry in USA, exit from USA for me and my husband etc.Then they modified my I-94 (L2 Visa holder) and gave me new I-94 which is valid until Nov-2015.(Since I came last to USA in Nov-2012). My husband will still have I-94 which is valid until Dec-2015 since he last came to USA on Dec-2012.

[kabkaba]

Good to know it worked for you. In most cases it is a fifty-fifty thing.