L1 B recapturing time after Renewal

[panachepandey]

Hello Admin,

My petition (I129-S) is valid until Jan 31 2017 and my I-94 is valid until Jan 2018. I have been in US for about 4.5 years now and I have already done VISA renewal last year. Since I visited india in last 4+ years few times for about 4-5 months including all visits, so as per the calculation I can stay up to max Aug 2017 as per the max 5 years limit.

So do I need to send any petition for recapturing time in order to continue work between Jan 2017 to Aug 2017? or am I good since I have valid I-94 until Jan 2018?

[raghvi]

Hello Admin,

My petition (I129-S) is valid until Jan 31 2017 and my I-94 is valid until Jan 2018. I have been in US for about 4.5 years now and I have already done VISA renewal last year. Since I visited india in last 4+ years few times for about 4-5 months including all visits, so as per the calculation I can stay up to max Aug 2017 as per the max 5 years limit.

So do I need to send any petition for recapturing time in order to continue work between Jan 2017 to Aug 2017? or am I good since I have valid I-94 until Jan 2018?

Yes a new I129 needs to be filed. A valid I-94 only allows you to stay in US a valid I129/I797 allows you to work. As both are issued by different Govt bodies the dates go out of sync.

This is my opinion not legal advice.