L1 A - Blanket: I-129S expired but I-94 still valid. Can I stay on the basis of I-94

[cdutta]

Hi,


I came to US under Blanket L1A visa on September 2012, the L1A visa stampped on the passport has expired on September 2015. I-129S also expired on the same day. But my I-94 is valid till September 2017 (CBP provided me this new I-94 when came back to US after my short visit in India for approx. 20 days in Aug/Sep 2014).

My question is can I continue to stay in US on the basis of valid I-94? Some of the attorneys are saying that CBP erroneously admitted me for too long and I should leave US asap since my I-129S expired on September 2015.


Additional information: The blanket L1 petition I-797 says its valid from 06/10/2011 and Petition Valid Indefinitely.

Please advise asap.

[raghvi]

Hi,


I came to US under Blanket L1A visa on September 2012, the L1A visa stampped on the passport has expired on September 2015. I-129S also expired on the same day. But my I-94 is valid till September 2017 (CBP provided me this new I-94 when came back to US after my short visit in India for approx. 20 days in Aug/Sep 2014).

My question is can I continue to stay in US on the basis of valid I-94? Some of the attorneys are saying that CBP erroneously admitted me for too long and I should leave US asap since my I-129S expired on September 2015.


Additional information: The blanket L1 petition I-797 says its valid from 06/10/2011 and Petition Valid Indefinitely.

Please advise asap.

CBP officials can make I-94 mistakes. This is similar to when CBP officer gives I-94 beyond 7 Years of L1A/beyond 5 Years for L1B etc., it does not mean you are allowed to work till I-94 expiry, you also need a valid I-129S in case of blanket petitions and valid I-797 otherwise.

This is my opinion not legal advice.

[Libra_14]

In my opinion, since your I94 is valid you can stay in USA legally.

Though since your visa & I-129S is expired, you are "already" out of status & not sure how your company allowed you to work till today. They must have requested to renew your visa or extension, before it expires. Talk to your HR first & then an attorney.