L1B visa expiring I-94 valid

[riah8]

Hi,

My L1B visa will expire next month 10/13 and my I-94 on 12/2014. I will be here physically in US for 5years on 2/14. My question is, can I stay here until 12/2014 or just until 2/2014?

Thanks in advance.

[raghvi]

Hi,

My L1B visa will expire next month 10/13 and my I-94 on 12/2014. I will be here physically in US for 5years on 2/14. My question is, can I stay here until 12/2014 or just until 2/2014?

Thanks in advance.

2/14. One shouldnt exceed the 5 Year physical stay limitation on L1B even if one has a valid I-94 beyond that.

This is my opinion not legal advice.

[riah8]

2/14. One shouldnt exceed the 5 Year physical stay limitation on L1B even if one has a valid I-94 beyond that.

This is my opinion not legal advice.

My next question is somehow unrelated to the original post. My son is a US citizen, born last year, and he has a medical condition that requires him to be on life support. I am very worried because 2/14 is so near and he needs to be here in US because he has special needs... Is there anything that we can apply or to prolong our stay?

[raghvi]

You could have thought about converting to H1 this year but that is out of question now. You could have also thought of converting to L1A if you were eligible but that also has to happen at least 6 Months before your tenure ends.

Honestly, one should start thinking of these options as soon as first 3 Year tenure is over and one has decided to stay long term in US. But I guess the pregnancy and subsequent medical condition of your kid would have completely occupied your mind.

Does your spouse have a L1/H1 so that you can convert to L2/H4?

Has your GC processing initiated?

Such delicate situations bring to fore the conflict of family laws and immigration laws but unfortunately prima facie it appears you have very very limited options remaining.

Converting to F1/B2 can be thought of.

You need to discuss with an experienced attorney regarding your options.

This is my opinion not legal advice.

[riah8]

You could have thought about converting to H1 this year but that is out of question now. You could have also thought of converting to L1A if you were eligible but that also has to happen at least 6 Months before your tenure ends.

Honestly, one should start thinking of these options as soon as first 3 Year tenure is over and one has decided to stay long term in US. But I guess the pregnancy and subsequent medical condition of your kid would have completely occupied your mind.

Does your spouse have a L1/H1 so that you can convert to L2/H4?

Has your GC processing initiated?

Such delicate situations bring to fore the conflict of family laws and immigration laws but unfortunately prima facie it appears you have very very limited options remaining.

Converting to F1/B2 can be thought of.

You need to discuss with an experienced attorney regarding your options.

This is my opinion not legal advice.

My spouse is on H1B and is on LOA since after giving birth to our son. I've read somewhere just now that it is illegal to be on LOA while in US? Is that true? Is there anything like hardship/humanitarian visa or something like that?

We are in a very complicated situation....

[raghvi]

My spouse is on H1B and is on LOA since after giving birth to our son. I've read somewhere just now that it is illegal to be on LOA while in US? Is that true? Is there anything like hardship/humanitarian visa or something like that?

We are in a very complicated situation....

I can understand your predicament. Your husband may also be out of status as such prolonged LOA on H1 may not be valid. Unfortunately there is not humanitarian or hardship visa as such which can fit your situation. Advisable to take guidance from experienced attorney as to way forward.

This is my opinion not legal advice.