I-94 valid Visa exipres - what about I-129S

[mirekti]

Visa will expire in September 2015
I-94 issued till July 2017
I-797 valid indefinitely - Blank Petition
I-129S doesn't have any Validity date.

I assume the company will ask to go home and issue a new Visa after the current Visa expires because I-129S is valid three years in general (even though there are no dates set from the Consul). There is an option to get the L status extension through the USCIS rather than applying for new L visa with I-129S.
The problem is if extension is requested from USCIS it will be rejected as there is more than six months till it expires.
Is there a way to shorten I-94 somehow?
If one mentions USCIS that it will be three years since I-129S was issued, will the request for extension still be rejected as I-94 is valid for more than six months?

Please advise.

[raghvi]

Visa will expire in September 2015
I-94 issued till July 2017
I-797 valid indefinitely - Blank Petition
I-129S doesn't have any Validity date.

I assume the company will ask to go home and issue a new Visa after the current Visa expires because I-129S is valid three years in general (even though there are no dates set from the Consul). There is an option to get the L status extension through the USCIS rather than applying for new L visa with I-129S.
The problem is if extension is requested from USCIS it will be rejected as there is more than six months till it expires.
Is there a way to shorten I-94 somehow?
If one mentions USCIS that it will be three years since I-129S was issued, will the request for extension still be rejected as I-94 is valid for more than six months?

Please advise.

What exactly is the intent here? As you have Valid I-94 and no date on the I129, you technically can stay and work till I-94 expiry, that is, till July 2017 , provided your 5 Year L1B stay is not completing before July 2017.

Of course, if you want to be able to freely travel in and out of US after September 2015, then you certainly need to get a new visa stamping done, which would involve new I129S too.

This is my opinion not legal advice.

[mirekti]

Raghvi, thanks for you answer. It is much appreciated.

Well, there are dates under Dates of intended employment on page 2, but the Consul left the Validity Dates on the first page of I-129S empty, he just approved it.
I was under impression that I-94 gives you right to be in the US, and I-129S permits the work. On my passport I have PED NO EXP., I-94 is valid and I am more than 5 years on L1 B visa, but haven't spent more than 5 Years in the US.
As long as everything is legally ok than fine. I mean, if the dates are left out is there a L1 visa holder's obligation to report it or do something similar?
Do I have to apply for any extension at the moment i.e. do I formally have to apply for recapture or I can simply count the days till 5 year spent in the US?

The intention is to stay here as long as possible without traveling abroad and breaking any law.

[mirekti]

The only worry is nobody actually formally requested any days to be recaptured.
Is this a problem or as long 5 years spent in the US is not spent everything is ok?

Please advise on this.

[prabum]

I-94 valid, Visa exipres - Travel to India before i94 Expires

Hi All,
I am in H4 visa. The visa expired on Feb 28, 2019 and i94 expires on Mar 10, 2019. I am planning to travel on Mar 7 to India.
Is it fine to traval when visa expired and valid i94. is there any immigration issue while stamping and reentering into the US.

Please clarify

[Libra_14]

Hi All,
I am in H4 visa. The visa expired on Feb 28, 2019 and i94 expires on Mar 10, 2019. I am planning to travel on Mar 7 to India.
Is it fine to traval when visa expired and valid i94. is there any immigration issue while stamping and reentering into the US.

Please clarify

You are good to go & get new visa & re-enter USA.

Visa is merely for entry purpose, I94 is what defines your stay. Since you are leaving USA before expiry date of your I94 - your stay is still legal.