L1 expiring - I94 valid - L2 valid - travel to India

[tarares]

Hi guys,

I'm on L1 visa through my company's blanket petition.
Below are my and wife's visa details:

L1 Expiry Date: 08/2014
L1 I-94 Expiry Date: 12/2015

L2 Expiry Date: 02/2016
EAD Expiry Date: 12/2015
L2 I-94 Expiry Date: 02/2016

My wife has to travel to India. I've the following questions:

1. If my wife travels to India and returns back to US in June'14. And suppose she gets I-94 till my L1 expiry date(08/2014). Can I apply for her I-94 extension based on my I-94 validity although my L1 visa would expire in 08/2014?

2. Will her EAD be valid or she will have to apply for a fresh one?

3. If my wife travels to India and returns back to US sometime after Aug'14. Will she be having any problem in entry at POE. As my L1 visa would have expired by then but she would have a valid L2.

Thanks!

[raghvi]

Hi guys,

I'm on L1 visa through my company's blanket petition.
Below are my and wife's visa details:

L1 Expiry Date: 08/2014
L1 I-94 Expiry Date: 12/2015

L2 Expiry Date: 02/2016
EAD Expiry Date: 12/2015
L2 I-94 Expiry Date: 02/2016

My wife has to travel to India. I've the following questions:

1. If my wife travels to India and returns back to US in June'14. And suppose she gets I-94 till my L1 expiry date(08/2014). Can I apply for her I-94 extension based on my I-94 validity although my L1 visa would expire in 08/2014?

2. Will her EAD be valid or she will have to apply for a fresh one?

3. If my wife travels to India and returns back to US sometime after Aug'14. Will she be having any problem in entry at POE. As my L1 visa would have expired by then but she would have a valid L2.

Thanks!

1. Yes as long as your 5 Year/7 Year limit on L1B/L1A is not up.
2. EAD would be valid but she cannot stay past your I-94 even if she has a I-94 beyond yours.
3. I dont think she will have a problem at teh POE as you would have a valid I-94. Unless of course if your 5/7 Year limit is finishing before 12/2015.

This is my opinion not legal advice.

[tarares]

1. Yes as long as your 5 Year/7 Year limit on L1B/L1A is not up.
2. EAD would be valid but she cannot stay past your I-94 even if she has a I-94 beyond yours.
3. I dont think she will have a problem at teh POE as you would have a valid I-94. Unless of course if your 5/7 Year limit is finishing before 12/2015.

This is my opinion not legal advice.

Thanks a lot raghvi for your response. One more question:

1. When my wife returns back to US after travel to India what are the chances that she will get I-94 based on her Visa validity or my I-94 validity.(My 5 year limit ends in 09/2016)

[raghvi]

Thanks a lot raghvi for your response. One more question:

1. When my wife returns back to US after travel to India what are the chances that she will get I-94 based on her Visa validity or my I-94 validity.(My 5 year limit ends in 09/2016)

It normally depends upon the Immigration Officer at the port of entry. But the general trend is the earliest of either Passport Expiry Date / Petition Expiry Date / Visa Expiry Date. Irrespective, even if she gets anI-94 beyond yours she cannot stay beyond your I-94 expiry unless you first file an extension .

This is my opinion not legal advice.