L1B Extension Versus Current I94 Date

[burrows_savio15]

Hello All,

I have been trying to get some help in several forums and not getting a right answer to my question.

I am currently on L1B Visa and staying for the last 9 months, My Visa is due to be expired in the month of June 2014 however, I have a valid I94 until June 2016. My question is, I may not be able to travel outside USA after June 2014 (Visa Expiry). That said, I have asked my company to file for an extension as I need to go to India in the month on Aug 2014. My company is ready to file an extension but the question that I am having is...incase my extension gets rejected, can I still stay in the USA with the current i94 date which is June 2016 ? Please advice.

Thanks for all your help, you guys are wonderful.

Thanks

[raghvi]

Hello All,

I have been trying to get some help in several forums and not getting a right answer to my question.

I am currently on L1B Visa and staying for the last 9 months, My Visa is due to be expired in the month of June 2014 however, I have a valid I94 until June 2016. My question is, I may not be able to travel outside USA after June 2014 (Visa Expiry). That said, I have asked my company to file for an extension as I need to go to India in the month on Aug 2014. My company is ready to file an extension but the question that I am having is...incase my extension gets rejected, can I still stay in the USA with the current i94 date which is June 2016 ? Please advice.

Thanks for all your help, you guys are wonderful.

Thanks

How will extension application prevent you from going for visa stamping? Post June 2014, if you leave US, you anyhow have to go for Visa stamping, whether your extension is approved while in US or not, it doesnt guarantee a successful stamping in US consulate.

This is my opinion not legal advice.

[burrows_savio15]

Hello Raghvi,

Thank you very much for your response. I am really Naive in understanding the Visa process. In this situation what is the best thing I should be doing ? Should I ask my company to apply for an L1B extension ? If not, can I go to India after my Visa expiry (June 2014) and then apply in India ?..Please suggest ?

Thanks again

[raghvi]

Hello Raghvi,

Thank you very much for your response. I am really Naive in understanding the Visa process. In this situation what is the best thing I should be doing ? Should I ask my company to apply for an L1B extension ? If not, can I go to India after my Visa expiry (June 2014) and then apply in India ?..Please suggest ?

Thanks again

How important is it for you to go to India in Aug 2014? If it is unavoidable then visa stamping is also unavoidable. Make sure you have enough evidence for a valid L1B stamping.

This is my opinion not legal advice.

[burrows_savio15]

How important is it for you to go to India in Aug 2014? If it is unavoidable then visa stamping is also unavoidable. Make sure you have enough evidence for a valid L1B stamping.

This is my opinion not legal advice.

Hi Raghvi,

It is really important for me to go to India in Aug for my brothers wedding. I do not have legal consultant in my office to advice me which is why I am not sure what to be done. When you say L1B stamping, are you referring to filing an L1B extension ?

One more thing Raghvi, If my company does the extension and if the petition gets rejected, should I leave US immediately or can I stay with the currect I94 that is valid until June 2016 ?

Thanks

[raghvi]

Well its a personal choice and I cant blame you for it. Risk is always there. There wont be a fool proof way wherein you attend your Brother's wedding too as well as have a guarantee of getting a return visa.

If extension is applied, I am of the opinion the USCIS will deny it stating that you already have a valid I-94 till 2016 hence dont need extension. The denial letter would mention if you need to leave immediately or not.

This is my opinion not legal advice.