L1A - Petition, Visa and I94 Expires 30-Aug-13

[arunhill]

Hello Friends,
Need your advice!!!

My L1 Petition, Visa & I94 expires on 30-Aug-13. Petition start date was 29-Aug-2010 but I got visa stamped in Jan-2011 and travelled in Oct-2011.

I lost about 12months post petition approval and about 8 months after visa stamped.

All in all i am here for 22months. Can i go for Deferred Inspection to retain the lost time (3yrs) and extend my I94?

I got some interesting info which says "CBP officer's Manual" :

Terms of admission: If the alien is otherwise admissible as an individual L-1, admit for validity of petition (up to 3 years initially). If the alien is
otherwise admissible as a Blanket L-1, initially admit for 3 years, regardless of the expiration date of the petition, provided the petition is valid at the time of the initial admission. If the alien is seeking readmission as a Blanket L-1, the Blanket Petition is still valid, and the alien is otherwise admissible, admit for an additional three years regardless of the balance of the time left on the original admission. (IN01-06)

Is this worth a try? Please share your views.

Thank you

[raghvi]

Hello Friends,
Need your advice!!!

My L1 Petition, Visa & I94 expires on 30-Aug-13. Petition start date was 29-Aug-2010 but I got visa stamped in Jan-2011 and travelled in Oct-2011.

I lost about 12months post petition approval and about 8 months after visa stamped.

All in all i am here for 22months. Can i go for Deferred Inspection to retain the lost time (3yrs) and extend my I94?

I got some interesting info which says "CBP officer's Manual" :

Terms of admission: If the alien is otherwise admissible as an individual L-1, admit for validity of petition (up to 3 years initially). If the alien is
otherwise admissible as a Blanket L-1, initially admit for 3 years, regardless of the expiration date of the petition, provided the petition is valid at the time of the initial admission. If the alien is seeking readmission as a Blanket L-1, the Blanket Petition is still valid, and the alien is otherwise admissible, admit for an additional three years regardless of the balance of the time left on the original admission. (IN01-06)

Is this worth a try? Please share your views.

Thank you

I really doubt if the deferred inspection office will be able to help you extend your stay.

What you have quoted from CBP manual is valid when an alien enters US, you can try your luck by leaving US before your current visa expires and re enter before visa expiry. Off late many have been given I 94 only till visa expiry, so it's upto you whether you want to try your luck this way. The other way would be to file for extension request while in US, by filing I539 and I 129.

This is my opinion not legal advice.

[kabkaba]

You can leave the US and return before Visa expiry to get a longer duration I-94. Although it is not guaranteed, it is possible. Road POE is advisable.

The alternative is for your employer to file the extension.

The total period of stay in the US will be 7 years for L1A (counting H1 and L1 stays). There is nothing 'lost'.

[arunhill]

You can leave the US and return before Visa expiry to get a longer duration I-94. Although it is not guaranteed, it is possible. Road POE is advisable.

The alternative is for your employer to file the extension.

The total period of stay in the US will be 7 years for L1A (counting H1 and L1 stays). There is nothing 'lost'.

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Thanks kabkaba & raghvi for sharing your views.

-Arun