L1 Visa expiring with I-94 valid long

[techrich]

Hi Friends

I seek your help, suggestions regarding my situation detailed

I am currently working on my second tenure of L1 visa (5yrs) that will be expiring on 19th of October 2013 and fortunately/uselessly have an I-94 valid thru 3rd June 2015. I have also applied for my H1 visa this year under CAP'14 awaiting for the decision from USCIS.

I. What in case if my H1 is DENIED (considering my the validity of I-94)
1. Will I still be eligible to stay in US with a valid I-94?
2. Will my wife (she has the same I-94 do as me) be able to travel back to US if she travels to India early September?

II. What in case if my H1 is APPROVED
1. Will my wife be eligible to renter US if she travels to India early September (on her H4 petition filed along my H1)

Thanks in advance

[raghvi]

Hi Friends

I seek your help, suggestions regarding my situation detailed

I am currently working on my second tenure of L1 visa (5yrs) that will be expiring on 19th of October 2013 and fortunately/uselessly have an I-94 valid thru 3rd June 2015. I have also applied for my H1 visa this year under CAP'14 awaiting for the decision from USCIS.

I. What in case if my H1 is DENIED (considering my the validity of I-94)
1. Will I still be eligible to stay in US with a valid I-94?
2. Will my wife (she has the same I-94 do as me) be able to travel back to US if she travels to India early September?

II. What in case if my H1 is APPROVED
1. Will my wife be eligible to renter US if she travels to India early September (on her H4 petition filed along my H1)

Thanks in advance

Have all the 5 Years been in US? If you took some vacation time to go out of US during these 5 Years you can recapture those days.

The I-94 that was given to you was a mistake dont try to benefit from it. You should not stay in US on L1B beyond 5 Years of physical stay. Even if you have a valid I-94.

1. If H1 is denied you should leave on or before your 5 Years physical stay completion.
2. One needs a valid visa to travel into US. If she has a valid visa she can travel. Off late CBP has been giving I-94 only till visa expiry date so she may end up getting I-94 only till Oct 2013 upon her return.

If your H1 is approved it will be valid only from 01-Oct-2013 or later. If your wife is travelling before that date, she should travel on her L2 visa and once in US file a L2 to H4 COS for her. If she travels after your H1 start date she should first get an H4 stamping done abroad and travel on H4 visa.

Also, L1+H1 can at most be for 6 Years so if you have already spent 5 years in US then you will get H1 only for 1 Year which would need extension before your 6th year completion and extension will depend upon your GC filing stage.

This is my opinion not legal advice.