I-94 Expiry before L1 B Visa expiry

[sj2015]

Hi All,

Here are my details and the related questions -


I-94 Expiry Date - 20-Aug-2015
I797B Petition Expiry Date - 28-Oct-2015
USA Visa Expiry Date - 05-May-2016

So My I-94 expiry date is well before my Visa expiry date and also my I797B expirty date. The reason why this happened is because my old passport's expiry date is 20-Aug-2015. When i asked the officer at port of entry he mentioned that if i came with a newer passport with greater validity, he would allow me in. I have renewed my passport and it is now valid until 20-Jan-2025. With this background, please let me know the following -

1) If i go outside USA to Cananda OR India mentioning the reason as vacation and re-enter USA before 20-Aug-2015 , will i get a new I-94 which is valid at least till my I797B expiry date?
2) Will there be any issues re-entering into USA if i did the way i explained in #1?
3) My wife who is in USA now and on L2 visa and also having the same I-94 expiry date as mine. Will she have any issues re-entering USA if she travels with me as mentioned in #1?
4) Last but not the least, is this the best way to get my I-94 date extended or should i go for an L1B-extension since my Petition expires in Oct-2015.
5) If i go for an L1-B extension, should i go for premium processing or whether i will be good even with normal processing given that i have still 2 months - i have heard that there are more chances of an RFE in premium processing as compared to normal processing.

Please advice. Thanks!

[raghvi]

Hi All,

Here are my details and the related questions -


I-94 Expiry Date - 20-Aug-2015
I797B Petition Expiry Date - 28-Oct-2015
USA Visa Expiry Date - 05-May-2016

So My I-94 expiry date is well before my Visa expiry date and also my I797B expirty date. The reason why this happened is because my old passport's expiry date is 20-Aug-2015. When i asked the officer at port of entry he mentioned that if i came with a newer passport with greater validity, he would allow me in. I have renewed my passport and it is now valid until 20-Jan-2025. With this background, please let me know the following -

1) If i go outside USA to Cananda OR India mentioning the reason as vacation and re-enter USA before 20-Aug-2015 , will i get a new I-94 which is valid at least till my I797B expiry date?
2) Will there be any issues re-entering into USA if i did the way i explained in #1?
3) My wife who is in USA now and on L2 visa and also having the same I-94 expiry date as mine. Will she have any issues re-entering USA if she travels with me as mentioned in #1?
4) Last but not the least, is this the best way to get my I-94 date extended or should i go for an L1B-extension since my Petition expires in Oct-2015.
5) If i go for an L1-B extension, should i go for premium processing or whether i will be good even with normal processing given that i have still 2 months - i have heard that there are more chances of an RFE in premium processing as compared to normal processing.

Please advice. Thanks!

1. Yes most probably.
2. I dont see any issue.
3. Dont see any issue.
4. You can also try going to nearest CBP office and see the possibility of extending I-94 till Oct 2015. For Extension beyond that yes you would need a petition extension. Since its only a difference of 3 Months I would advise filing extension rather than a travel outside and re entry. But a extension request has its own risk of rejection so based on the strength of your case take a call.
5. RFE or not depends upon the strength of your case.

This is my opinion not legal advice.