L1 Visa Extension

[nkd]

Hi All,

I am on L1B blanket visa in US. I have my visa stamping valid till Mar 2014 and have been in US since Apr 2011 (almost 3 years). Last month i had been to India for vacation and also went to consulate for my Visa extension interview, where my extension got rejected. My attorney suggested me to come back and reapply through USCIS. While coming back to US i received a I-94 valid till Feb 2017. I have following questions.

1. As told by my attorney do i have to reapply with USCIS again, even though i have a valid I94?
2. For L1 B the maximum tenure of stay is 5 years, but how come i have received a I94 till Feb 2017?
3. In case if my employer re applies for extension with USCIS, can he also apply for L1 to H1 transfer? if so can i stay in US even if my L1 petition gets rejected?
4. Can i apply for H1 from employer A and employer B at the same time?

[raghvi]

Hi All,

I am on L1B blanket visa in US. I have my visa stamping valid till Mar 2014 and have been in US since Apr 2011 (almost 3 years). Last month i had been to India for vacation and also went to consulate for my Visa extension interview, where my extension got rejected. My attorney suggested me to come back and reapply through USCIS. While coming back to US i received a I-94 valid till Feb 2017. I have following questions.

1. As told by my attorney do i have to reapply with USCIS again, even though i have a valid I94?
2. For L1 B the maximum tenure of stay is 5 years, but how come i have received a I94 till Feb 2017?
3. In case if my employer re applies for extension with USCIS, can he also apply for L1 to H1 transfer? if so can i stay in US even if my L1 petition gets rejected?
4. Can i apply for H1 from employer A and employer B at the same time?

1. No need.
2. Immigration law says 5 Years max, CBP officers sometimes grant I-94 for 3 Years for L1B as they may not have it in front of them as to how long you have already spent in US on L1. Dont try to benefit, following the laws is your responsibility.
3. I would suggest file only L1 to H1.
4. Yes.

This is my opinion not legal advice.