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Is VISA stamping required after I94 extension

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  • Is VISA stamping required after I94 extension

    I am on L1A Visa. My I94 expired in sept 2016. My employer has filed for extension and is yet to be approved. However my VISA is valid till Oct 2018. I had below 2 questions? -

    1. My parents are not well and hence i need to travel back asap. If i travel back to India, what is the implication on my VISA extn? Will i be allowed to re-enter USA?

    2. After my I94 is extended, do i still need to get my VISA stamped whenever i travel back to India?

    Thanks,
    Vishal

  • #2
    1. First of all, it's an extension of status, not of visa. When you leave the US, you don't have status anymore, and don't have any status to extend; the application will be automatically abandoned as it is no longer relevant. The next time you enter the US, you will enter anew on the basis of a valid L1b visa and valid L1b petition. Your visa is nor expiring so there is no need to deal with that. Why were you admitted until Sept 2016 the last time? Is that when your L-1b petition expired? Or is that when your passport expired? If it was your L-1b petition expired, and the application to extend was actually an application to extend your L-1b petition, then you will wait until the new L-1b petition is approved, and enter on your existing L-1b visa and new L-1b petition. If it was your passport that expired, then you simply re-enter on your new passport, existing L-1b visa, and existing L-1b petition.

    2. Your I-94 no longer exists once you leave the US. You only need to get a new visa if your existing visa will be expired when you next re-enter the US.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      1. First of all, it's an extension of status, not of visa. When you leave the US, you don't have status anymore, and don't have any status to extend; the application will be automatically abandoned as it is no longer relevant. The next time you enter the US, you will enter anew on the basis of a valid L1b visa and valid L1b petition. Your visa is nor expiring so there is no need to deal with that. Why were you admitted until Sept 2016 the last time? Is that when your L-1b petition expired? Or is that when your passport expired? If it was your L-1b petition expired, and the application to extend was actually an application to extend your L-1b petition, then you will wait until the new L-1b petition is approved, and enter on your existing L-1b visa and new L-1b petition. If it was your passport that expired, then you simply re-enter on your new passport, existing L-1b visa, and existing L-1b petition.

      2. Your I-94 no longer exists once you leave the US. You only need to get a new visa if your existing visa will be expired when you next re-enter the US.
      Thanks for your response.

      I can see on the VISA stamping there is a PED date of 26SEP16. I believe this is Petition Expiry date. that is the reason my I94 was till 26SEP16. Also on the VISA stamping is the old Petition number. Hence when i get a new petition, i presume there would be a new petition number. Just want to check will that be fine?
      Also i came on blanket petition. I have heard that now i will get Individual petition.

      Comment

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