Petition/I94 getting expired before Visa

[sacmur]

Hello,
I have a valid L1 B visa until May 2016 but my Petition and I94 are getting expired in Dec 2014.

Do I need to go back to india for petition/I94 extention or I can do it while being in US?
My wife's L2 visa and I94 is getting expired in Dec 2014. If my Petition/I94 gets extended, does she need to go to india for Visa/I94 extension or can it be done while being in US?

Thanks a lot for your time.

[raghvi]

Hello,
I have a valid L1 B visa until May 2016 but my Petition and I94 are getting expired in Dec 2014.

Do I need to go back to india for petition/I94 extention or I can do it while being in US?
My wife's L2 visa and I94 is getting expired in Dec 2014. If my Petition/I94 gets extended, does she need to go to india for Visa/I94 extension or can it be done while being in US?

Thanks a lot for your time.

Why is it that your I-94 not matching your Visa date? Is your passport expiring in Dec 2014? Or you filed an L1 Individual and petition is valid only till Dec 2014?

Visa, Petition, and I-94 are different things. A valid Petition allows you to get a valid Visa while outside US/or to seek an I-94 extension while in US, a valid visa allows you to reach US borders, a valid I94 allows you to stay in US.

So you can stay in US till Dec 2014 as that is when your I-94 is expiring in order to stay beyond Dec 2014, you have two options (provided your passport is valid)

1.File and extension in June/July 2014 while in US , if approved, you can stay stay till the new I-94 date which will come along with extension approval.
OR
2. Leave US, re enter on existing visa (as its valid till 2016) and you will get a new I-94 upon re entry.

As for your spouse, in order for her to stay beyond 2014 she has two options;
1. File extension while in US along with your extension as mentioned above and if approved she will get an I-94 to match yours.
OR
2. Beyond Dec 2014, leave US, get new L2 stamped, and return on new L2.

A new visa stamping can be done only while outside US. An I-94 extension can be requested through USCIS if one has valid petition, but this can happen only max 6 Months before current I-94 expiry. So in both yours and your spouse's case you can apply for an extension no earlier than June-July 2014.

This is my opinion not legal advice.

[sacmur]

Yes I filed for L1 Individual and petition is valid only till Dec 2014
My passport is getting expired in Mar 2015

Query regarding first option, since my petition/I94 is getting expired in Dec 2014, Do I need to file petition extention in June/July 2014. Is it different than visa extention? Since My Visa is valid till May 2016.


Thanks a lot for your time

[raghvi]

Hello,
I have a valid L1 B visa until May 2016 but my Petition and I94 are getting expired in Dec 2014.

Do I need to go back to india for petition/I94 extention or I can do it while being in US?
My wife's L2 visa and I94 is getting expired in Dec 2014. If my Petition/I94 gets extended, does she need to go to india for Visa/I94 extension or can it be done while being in US?

Thanks a lot for your time.

L1B is for 5 Years so if you are not completed five years stay both petition and I-94 can be extended from within US. Your spouse, if she leaves US after Dec 2014 will need a new visa to re enter hence would need to go for stamping post Dec 2014.

This is my opinion not legal advice.

[sacmur]

Thanks a lot Raghvi