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L1 Visa expires But I-94 is valid

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  • L1 Visa expires But I-94 is valid

    Hello,

    I am on L1 visa. my visa is going to expire in April 2014. However my I-94 would expire in OCT 2014. I know i can stay in US till my I-94 is valid. However i am not much aware of the new immigration rules which were updated for I-94 as well.

    So my questions are :

    1. As per 2013 new immigration rules, Can I stay in US till October 2014 on based of my I-94's expiry date rather than visa's expiry date ?

    2. If yes, Would it create any issue or problem in the future for being stay in US after L1 visa expired ?

    3. If I apply for H1-B ( though a sponsor) next year 2014 and the application process falls after my visa expiry date, Would it impact or reject my application for L1 to H1 change of status process ?

    Please advise

    Thanks a lot
    Last edited by vikas1234; 11-24-2013, 09:30 PM.

  • #2
    Originally posted by vikas1234 View Post
    Hello,

    I am on L1 visa. my visa is going to expire in April 2014. However my I-94 would expire in OCT 2014. I know i can stay in US till my I-94 is valid. However i am not much aware of the new immigration rules which were updated for I-94 as well.

    So my questions are :

    1. As per 2013 new immigration rules, Can I stay in US till October 2014 on based of my I-94's expiry date rather than visa's expiry date ?

    2. If yes, Would it create any issue or problem in the future for being stay in US after L1 visa expired ?

    3. If I apply for H1-B ( though a sponsor) next year 2014 and the application process falls after my visa expiry date, Would it impact or reject my application for L1 to H1 change of status process ?

    Please advise

    Thanks a lot
    There haven't been any new immigration rule as per se. Yes Paper I94s have been discontinued but old I94s are still valid till their expiry.
    1. Yes.
    2. No.
    3. L1 to H1 can be applied as consular processing or COS (Change of status). If you apply as consular processing, then you would move to H1 after getting H1 stamped outside US and entering US on H1 visa. If applied as COS , and approved, you would automatically move to H1 from H1 start date and should work only with H1 employer. If H1 decision doesn't come before L1 I94 expiry, you should either applyL1 extension or leave US .

    This is my opinion not legal advice.

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