L2 returning from India , will the I-94 validity be same as L1's I-94 ?

[ghussain81]

Hello Team,

L1 VISA Validity - Mar 06 2014

L1 I-94 Validity - Mar 09 2016

L2 VISA Validity - Mar 06 2014

L2 I-94 Validity - Mar 09 2016

My wife who is on L2 is planning to go to India for some work in early Feb 2014 ,

Question 1 :- I am told she can enter into the country as long as her VISA is valid ,even if its on the same day of VISA expiry. My concern is for her I94 validity , Will Immigration office match her new I94 date with my I94 validity (Mar 09 2016) ?

Question 2 :- In case the I-94 is not valid for too long on her return , can we contact CBP office to get it corrected (to match L1's I94) ? If yes- any idea on the timelines to get this processed/corrected?

Question 3 :- If she plans to return post Mar 06 2014 , Can she get new L2 VISA stamped based on my I94 (note that my L1 VISA will expire on Mar 06 2014 but I94 will still be valid till 2016 and I am mot leaving the country so nothing changes for my I94)?

Any other suggestions on this topic are highly appreciated.

THANK YOU

[raghvi]

1. No one can predict. Off late visa officers have stated giving I-94 only till visa expiry date/passport expiry date/petition expiry date whichever is earliest.
2. Possible.
3. Possible to get L2 based on L1 I-94.

This is my opinion not legal advice.

[ghussain81]

L2 returning from India , will the I-94 validity be same as L1's I-94 ?

1. No one can predict. Off late visa officers have stated giving I-94 only till visa expiry date/passport expiry date/petition expiry date whichever is earliest.
2. Possible.
3. Possible to get L2 based on L1 I-94.

This is my opinion not legal advice.

Thanks for the response Raghvi.

On point 2 , Have you heard of or know of any such cases ? Is there a way I can contact CBP office for confirmation on this?

Thanks again.

[raghvi]

Cant recall the thread but there were some folks in this forum who got that done. Some were asked to file I539.

This is my opinion not legal advice.