H1B application while on L1

[aadhvik]

Hi,

I currently live in US on L1B. Here is my story. My L1B and I-94 expired on 22 Dec 2016 and for my family both are expiring on 17 June 2017.

My company applied an extension for myself and for my family which got approved on 07 Nov 2016 (approx 1 month before my expiry). The validity of my L1B extension starts from 23 Dec 2016 and valid till Dec 2018.

I recently went to India and came back on Dec 8 2016. CBP approved my entry till 22 Dec 2016 as per the Visa expiry date.

I was under the impression my I-94 will be automatically updated in I94 website after my current I94 expires with my new date as per my new extension approval. However it didn't happen.

I contacted CBP few days to update my I-94 records. They said, we allowed you legally as per the visa since your extension starts from 23rd Dec 2016 and we are no longer connected to that.

Now my company is applying H1B for me this year. Will it be a problem of my expired I-94 which shows on I94 website and for my family which is going to expire on June 2017?

If yes, What could be the mitigation plan for this I should follow?

Thanks
Aadhvik

[raghvi]

Hi,

I currently live in US on L1B. Here is my story. My L1B and I-94 expired on 22 Dec 2016 and for my family both are expiring on 17 June 2017.

My company applied an extension for myself and for my family which got approved on 07 Nov 2016 (approx 1 month before my expiry). The validity of my L1B extension starts from 23 Dec 2016 and valid till Dec 2018.

I recently went to India and came back on Dec 8 2016. CBP approved my entry till 22 Dec 2016 as per the Visa expiry date.

I was under the impression my I-94 will be automatically updated in I94 website after my current I94 expires with my new date as per my new extension approval. However it didn't happen.

I contacted CBP few days to update my I-94 records. They said, we allowed you legally as per the visa since your extension starts from 23rd Dec 2016 and we are no longer connected to that.

Now my company is applying H1B for me this year. Will it be a problem of my expired I-94 which shows on I94 website and for my family which is going to expire on June 2017?

If yes, What could be the mitigation plan for this I should follow?

Thanks
Aadhvik

You should have attended the visa interview and got a new visa till 2018, as nowadays officers at POE generally look only at the visa and grant entry upto visa expiry , irrespective of the new I797.

You should ask your employer to file for extension again and get a new I-94.

This is my opinion not legal advice.

[aadhvik]

Thanks.

My company applied my extension and now I have my validity till Dec 2018 on my 797. (Says my I94 validity ends on Dec 2018)

The concern I have is about my I-94 which shows as expired in CBP website.

Will this affect my H1B petition which my company is going to file for me now?

[raghvi]

Thanks.

My company applied my extension and now I have my validity till Dec 2018 on my 797. (Says my I94 validity ends on Dec 2018)

The concern I have is about my I-94 which shows as expired in CBP website.

Will this affect my H1B petition which my company is going to file for me now?

Your company applied for your extension before your travel or after your travel ? If applied before, the I94 that you got on your return at the port of entry became the latest one overriding the I94 which you got with the approval notice as per the last action rule


This is my opinion not legal advice

[aadhvik]

Hi,

I traveled to India after my L1B extension was approved. Extension was approved on November 7th 2016. I traveled on November 23rd and returned back on Dec 8th.

Will my I94 record showing on CBP site as expired will be an issue for my H1B application?

Thanks

[raghvi]

Hi,

I traveled to India after my L1B extension was approved. Extension was approved on November 7th 2016. I traveled on November 23rd and returned back on Dec 8th.

Will my I94 record showing on CBP site as expired will be an issue for my H1B application?

Thanks

Yes as the last I94 that you got at the POE is the latest effective one, not the one which came with the approval notice.

This is my opinion not legal advice.

[aadhvik]

Hi,

So it is clear that I should have my new visa based on my extension approval.

Am I eligible to go to Canada to get my Visa stamping? I know the complication, if it is rejected that I should travel back to India from Canada.

or Should I go to India to get my visa stamped?

Thanks

[raghvi]

Hi,

So it is clear that I should have my new visa based on my extension approval.

Am I eligible to go to Canada to get my Visa stamping? I know the complication, if it is rejected that I should travel back to India from Canada.

or Should I go to India to get my visa stamped?

Thanks

I believe you would be eligible for stamping anywhere but considering you are past your I-94 expiry, potentially rendering you illegal, would advise you talk to an attorney as to what your best options are.

This is my opinion not legal advice.