Got L1B for 6 years. Is it legal ?

[ankurpshah]

Hi,

My cousin is citizen of india. In Jan 2013, his company processed his L1B visa and he came to US with his wife. Since his visa is finishing in Jan 2016, He applied for new L1B visa with fresh application rather than extension from same company. He applied from mexico as his company's attorney suggested him. He got new L1B visa with 5 years validity (According to new rule after February 2012) one can get full 5 years validity visa and he got new I-94 valid till Dec 2018. So my question is :

1) How can he get I-94 valid till Dec 2018, ideally it should be till Jan 2018 (Completion of 5 years on L1B) ?
2) How can he get new visa after staying in US for 3 years on L1B ?
3) Although Visa and I-94 permits still he can leave beyond Jan 2016 (till 5 years complets) into US till Dec 2018 (I-94 permit date) or Dec 2020 (Visa Permit date) ?

Thanks,

Ankur Shah

[raghvi]

Hi,

My cousin is citizen of india. In Jan 2013, his company processed his L1B visa and he came to US with his wife. Since his visa is finishing in Jan 2016, He applied for new L1B visa with fresh application rather than extension from same company. He applied from mexico as his company's attorney suggested him. He got new L1B visa with 5 years validity (According to new rule after February 2012) one can get full 5 years validity visa and he got new I-94 valid till Dec 2018. So my question is :

1) How can he get I-94 valid till Dec 2018, ideally it should be till Jan 2018 (Completion of 5 years on L1B) ?
2) How can he get new visa after staying in US for 3 years on L1B ?
3) Although Visa and I-94 permits still he can leave beyond Jan 2016 (till 5 years complets) into US till Dec 2018 (I-94 permit date) or Dec 2020 (Visa Permit date) ?

Thanks,

Ankur Shah

Visa, petition, I-94 are given by different Govt Bodies and hence dates and duration may go our of sync. But as per L1B law one should not stay for more then 5 Years in US on an L1B. I would not advise your cousin to stay longer than that even if he has a valid visa and I-94 to do so.

This is my opinion not legal advice.