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L 1-B is maxing out but have valid I-94

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  • L 1-B is maxing out but have valid I-94

    Hi,
    1. I am having L 1-B visa and it is maxing out by April-2016. But, i have valid I-94 till April-2018. is there any exception i can stay in US with valid I-94 even after my L 1- B is maxing out?
    2. I am from India and my employer has already filed PERM under EB2 category. The DOL has been approved in this month Aug-2015. Say, if my I-140 is approved before my L 1- B Max out(Apr-2016), can i continue my stay in US?

    Unfortunately my H 1- B petition is not selected in this year's lottery.Please suggest me best options to continue my stay in US beyond my L 1 -Max out (Apr-2016).

    ~SatyaNM

  • #2
    Originally posted by SatyaNM View Post
    Hi,
    1. I am having L 1-B visa and it is maxing out by April-2016. But, i have valid I-94 till April-2018. is there any exception i can stay in US with valid I-94 even after my L 1- B is maxing out?
    2. I am from India and my employer has already filed PERM under EB2 category. The DOL has been approved in this month Aug-2015. Say, if my I-140 is approved before my L 1- B Max out(Apr-2016), can i continue my stay in US?

    Unfortunately my H 1- B petition is not selected in this year's lottery.Please suggest me best options to continue my stay in US beyond my L 1 -Max out (Apr-2016).

    ~SatyaNM
    If you have already spent 5 years being physically present in US while on L1 B then you cannot stay beyond 5th year completion irrespective if you have a valid I94 or I140 approved.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      If you have already spent 5 years being physically present in US while on L1 B then you cannot stay beyond 5th year completion irrespective if you have a valid I94 or I140 approved.

      This is my opinion not legal advice.
      One option to continue stay and work would be to try to move to L1A.

      This is my opinion not legal advice.

      Comment

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