L2 for family when primary is on valid I94

[jayabas]

Primary's L1 visa expired. I94 valid till end of next year. Can L2 for family be processed at this time ? Will it be granted based on L1 I94 status?

[raghvi]

Primary's L1 visa expired. I94 valid till end of next year. Can L2 for family be processed at this time ? Will it be granted based on L1 I94 status?

Till when is the I129 / I797 valid?

[jayabas]

Till when is the I129 / I797 valid?

It is L1B petition. I129 validity indefinite.
L1B visa expiry Jun 2016.
I94 valid till Dec 2017.

[raghvi]

It is L1B petition. I129 validity indefinite.
L1B visa expiry Jun 2016.
I94 valid till Dec 2017.

That sounds strange. Typically only the I797 is valid indefinitely if it is blanket L1, but when one goes to the L1 interview, one is supposed to take an I129S and the consulate officer marks the I129S with an expiry date , and the visa is allotted only till the I129S validity date.

This is my opinion not legal advice.

[jayabas]

That sounds strange. Typically only the I797 is valid indefinitely if it is blanket L1, but when one goes to the L1 interview, one is supposed to take an I129S and the consulate officer marks the I129S with an expiry date , and the visa is allotted only till the I129S validity date.

This is my opinion not legal advice.

I think I mixed it up. I129S has a stamp L1B approved on 30th Jun 2013. Valid until 3 years from above date. So visa validity is 30th Jun 2016. I94 is stamped until Dec 2017.

[raghvi]

I think I mixed it up. I129S has a stamp L1B approved on 30th Jun 2013. Valid until 3 years from above date. So visa validity is 30th Jun 2016. I94 is stamped until Dec 2017.

Visa allows one entry to US, I129s/I797 allows one to work in US, I-94 allows one to stay in the US. As all three are issued by different govt bodies the dates go out of sync. In my opinion you are not allowed to work beyond June 2016 as your I129S has expired.

This is my opinion not legal advice.

[jayabas]

Visa allows one entry to US, I129s/I797 allows one to work in US, I-94 allows one to stay in the US. As all three are issued by different govt bodies the dates go out of sync. In my opinion you are not allowed to work beyond June 2016 as your I129S has expired.

This is my opinion not legal advice.

As you said visa is only for entry. I have entered US before the visa expired in June 2016. I have a valid I94 for L1 till Dec 2017. So I am continued to be employed in US. Now I would like to bring family on L2. Will their L2 be approved?

[raghvi]

As you said visa is only for entry. I have entered US before the visa expired in June 2016. I have a valid I94 for L1 till Dec 2017. So I am continued to be employed in US. Now I would like to bring family on L2. Will their L2 be approved?

But you not having a valid work authorization in terms of a valid I129. I doubt your dependents would get a valid L2 based solely on your I-94.

This link by a legal firm may explain in a better way http://swlgpc.com/en/blog/2015/11/11...alidity-dates/

This is my opinion not legal advice.

[jayabas]

But you not having a valid work authorization in terms of a valid I129. I doubt your dependents would get a valid L2 based solely on your I-94.

This link by a legal firm may explain in a better way http://swlgpc.com/en/blog/2015/11/11...alidity-dates/

This is my opinion not legal advice.

When I approached for L1B extension, my Employer said USCIS will not approve L1 extension when I94 is valid. They have advised that they will apply for extension 6 months before I94 expires. I am worried this will impact L2 processing for family.

[raghvi]

When I approached for L1B extension, my Employer said USCIS will not approve L1 extension when I94 is valid. They have advised that they will apply for extension 6 months before I94 expires. I am worried this will impact L2 processing for family.

You are not filing for I94 extension but an extension of L1 using I129.
This is my opinion not legal advice.