Dependent L2B visa when L1B going to expire and I-94 has more validity

[Raghava450]

Hi,

Below are my L1Bvisa and I-94 details

L1B blanket visa stamping in passport expiry date 10th Oct 2013
I-94 admitted untill date 1 Aug 2016

I-129S petition valiidty until 10 Oct 2013
I-797 blanket petition valid indefinitely

Based on above details I have below questions

1.Can I work legally in US after expiration of my L1B visa and with valid I-94
2. If I apply for dependent L2B visa for my wife now what will be her visa and I-94 validities.

Please help.

THanks

[raghvi]

Hi,

Below are my L1Bvisa and I-94 details

L1B blanket visa stamping in passport expiry date 10th Oct 2013
I-94 admitted untill date 1 Aug 2016

I-129S petition valiidty until 10 Oct 2013
I-797 blanket petition valid indefinitely

Based on above details I have below questions

1.Can I work legally in US after expiration of my L1B visa and with valid I-94
2. If I apply for dependent L2B visa for my wife now what will be her visa and I-94 validities.

Please help.

THanks

How long have you been in US? When is your 5 Year L1B stay getting over?

One can stay in US on L1B only for 5 Years even if one has a valid I-94 beyond that. So you can work on L1B till 5 Year completion OR I-94 expiry whichever is earlier.

With that said, if your spouse attends the L2 interview she will most likely get visa only till 10-Oct-2013.
No one can predict the I-94 date she will get as its at the discretion fo the officer at the Port of Entry. If she gets I-94 only till 10-Oct-2013 you can file extension for her once she is in US and get I-94 to match yours.

Post Oct-2013, if you leave US you will have to get a new visa stamping done in order to return to US.

This is my opinion not legal advice.

[Raghava450]

Thank you Raghvi for your response.

I have below followup questions

1.Till now I stayed only for 5months in US. If I stay for 2years in US with out valid visa and with valid I-94, then Will I face any issues when I apply for new H1B visa in the future?
2.If I want to bring my spouse here after my visa expiry (with valid I-94), what is the process I have to follow?
3Can I apply for dependent visa after myL1B visa expiry and with only valid I-94?

Thank you once again.

[raghvi]

Thank you Raghvi for your response.

I have below followup questions

1.Till now I stayed only for 5months in US. If I stay for 2years in US with out valid visa and with valid I-94, then Will I face any issues when I apply for new H1B visa in the future?
2.If I want to bring my spouse here after my visa expiry (with valid I-94), what is the process I have to follow?
3Can I apply for dependent visa after myL1B visa expiry and with only valid I-94?

Thank you once again.

1. No it should not affect your H1 decision.
2 &3. Your spouse and dependents can visit the US consulate with whatever documents you have, such as Passport with your visa, your I-94, I797, I129, your pay stubs, W2 if any etc. and try. It depends upon the Visa Officer. there have been successful case sas well cases where the dependents have been put on 221 G because the primary applicant visa is expired. In case that happens you will have to for stamping along with your spouse.

This is my opinion not legal advice.