I-94 and visa getting expired but husband has a valid i-94

[swetz24]

Hi,
We are staying in US with L1 visa. My I-94 and L2B visa gets expired by 12 Jan 2014. My husband's L1B visa also expires by 12-Jan 2014 but he has a valid I-94 till 19 Jan-2015.

We have applied for a visa extension under L1A category. We have submitted the documents to USCEAC and have blocked a date in Oct 2013 for stamping in US embassy in Canada. But we are yet to get the Canada visitor visa.

If in case our L1A visa doesn't get stamped by 12 Jan 2014, let us know what options are available to continue our stay in US or do we need to get back to India?


Thanks,
Swetha

[raghvi]

Hi,
We are staying in US with L1 visa. My I-94 and L2B visa gets expired by 12 Jan 2014. My husband's L1B visa also expires by 12-Jan 2014 but he has a valid I-94 till 19 Jan-2015.

We have applied for a visa extension under L1A category. We have submitted the documents to USCEAC and have blocked a date in Oct 2013 for stamping in US embassy in Canada. But we are yet to get the Canada visitor visa.

If in case our L1A visa doesn't get stamped by 12 Jan 2014, let us know what options are available to continue our stay in US or do we need to get back to India?


Thanks,
Swetha

When is your spouse's 5 Years physical stay on L1B in US completing ? Has your spouse's L1B to L1A COS petition got approved? Assuming L1B to L1A was approved as consular process:



1. Suppose the L1A is approved then you can use the approved L1A and L2 to enter US.

2. Even if the L1A visa is rejected at US consulate in Canada in Oct 2013 you can still use the valid L1B till Jan 2014 to re enter US (only if the officer doesnt cancel the L1B/L2 too) . While entering US on L1B if a new I-94 is given then you can stay till that I-94 date or till 5 Year stay on L1B completed whichever is earlier

3. If the officer cancels the L1B then you will have to proceed to India from Canada itself.

In case you are not able to get an L1B to L1 extension approval before Jan 2014 then you will have to leave US. the only other option available would have been to get an H1 in Oct 2013 itself had you processed in April 2013. But that is no longer possible now.

This is my opinion not legal advice.

[swetz24]

When is your spouse's 5 Years physical stay on L1B in US completing ? Has your spouse's L1B to L1A COS petition got approved? Assuming L1B to L1A was approved as consular process:



1. Suppose the L1A is approved then you can use the approved L1A and L2 to enter US.

2. Even if the L1A visa is rejected at US consulate in Canada in Oct 2013 you can still use the valid L1B till Jan 2014 to re enter US (only if the officer doesnt cancel the L1B/L2 too) . While entering US on L1B if a new I-94 is given then you can stay till that I-94 date or till 5 Year stay on L1B completed whichever is earlier

3. If the officer cancels the L1B then you will have to proceed to India from Canada itself.

In case you are not able to get an L1B to L1 extension approval before Jan 2014 then you will have to leave US. the only other option available would have been to get an H1 in Oct 2013 itself had you processed in April 2013. But that is no longer possible now.

This is my opinion not legal advice.

Hi Raghvi,

Thanks for the information you have provided.
My spouse's L1B to L1A COS petition got approved. He has completed only 2 years of physical stay in US on L1B. His L1B expires in Jan 2014.

Thanks,
Swetha