I-94 extension/correction or L-1A Petition extension

[us-im-1]

Hello all,

I am L-1A blanket visa holder with I-94 expiring on 8/28/2017. However my visa is stamped till mid-June 2019.
I would like to extend my stay beyond I-94 expiry date.. I would like to know what could be my options.

Here are some key facts:
1. My L-1A visa is stamped till mid-June 2019.
2. I-94 expiry is 28 August 2017.
3. My previous petition is blanket with PED as 'NO EXP'.

Here are the options provided by my immigration dept:
Option 1. L-1A Petition extension: This would be individual petition extension and can be applied in premium.
Option 2. I-94 Correction: This would give me only 6 more months as I-94 is issued only for 3 years after my last US entry (2/17/2015).
Option 3. Last option could be to travel abroad and return to US which would extend my I-94 accordingly.

Here are my questions on these:
1. Are there any other options and which option is better, faster and less risky to take?
2. Considering current prevailing political / immigration conditions, is 3rd option risky?
3. If for any reason, my petition extension gets denied, can I still stay up to expiry of my current I-94? Can I still get I-94 corrected (option 2), so I get additional 6 months (up to Feb-2018)?

Any advice in this regard will be very helpful. Thanks very much in advance.

[raghvi]

Hello all,

I am L-1A blanket visa holder with I-94 expiring on 8/28/2017. However my visa is stamped till mid-June 2019.
I would like to extend my stay beyond I-94 expiry date.. I would like to know what could be my options.

Here are some key facts:
1. My L-1A visa is stamped till mid-June 2019.
2. I-94 expiry is 28 August 2017.
3. My previous petition is blanket with PED as 'NO EXP'.

Here are the options provided by my immigration dept:
Option 1. L-1A Petition extension: This would be individual petition extension and can be applied in premium.
Option 2. I-94 Correction: This would give me only 6 more months as I-94 is issued only for 3 years after my last US entry (2/17/2015).
Option 3. Last option could be to travel abroad and return to US which would extend my I-94 accordingly.

Here are my questions on these:
1. Are there any other options and which option is better, faster and less risky to take?
2. Considering current prevailing political / immigration conditions, is 3rd option risky?
3. If for any reason, my petition extension gets denied, can I still stay up to expiry of my current I-94? Can I still get I-94 corrected (option 2), so I get additional 6 months (up to Feb-2018)?

Any advice in this regard will be very helpful. Thanks very much in advance.

Why did you get an I-94 only till 8/28/2017? Is it because your passport is expiring on that day or you have an I129/I797 which is expiring on that day?

[us-im-1]

Why did you get an I-94 only till 8/28/2017? Is it because your passport is expiring on that day or you have an I129/I797 which is expiring on that day?

thanks for your reply, Raghvi..

My guess is - it could be because first time I came was in Aug-2014 and they issued I-94 for 3 years. Then within 6 months I went to india for vacation in Feb.. But they kept I-94 with same date.
My passport is valid till 2020. I797 is blanket, so i guess date in I129 (mid-June 2017) shouldn't matter, right?

Pls advise which option could be best suited in current situation for me.. and if there is any other option..

[raghvi]

thanks for your reply, Raghvi..

My guess is - it could be because first time I came was in Aug-2014 and they issued I-94 for 3 years. Then within 6 months I went to india for vacation in Feb.. But they kept I-94 with same date.
My passport is valid till 2020. I797 is blanket, so i guess date in I129 (mid-June 2017) shouldn't matter, right?

Pls advise which option could be best suited in current situation for me.. and if there is any other option..

When one is on L1 Blanket, the date on I129S matters. If it is expiring in June 2017, in order to stay beyond June 2017, your employer would need to file an extension using I129 an approval of which will get you a new I797.

This is my opinion not legal advice.

[sasvi]

thanks for your reply, Raghvi..

My guess is - it could be because first time I came was in Aug-2014 and they issued I-94 for 3 years. Then within 6 months I went to india for vacation in Feb.. But they kept I-94 with same date.
My passport is valid till 2020. I797 is blanket, so i guess date in I129 (mid-June 2017) shouldn't matter, right?

Pls advise which option could be best suited in current situation for me.. and if there is any other option..

For blanket, the date on your I129 is the one that matters and most likely is the one that will follow your I94. Any other date stamped in your passport doesn't matter. I travel frequently and every entry has a different date however the I94 is the final one. So you will have to renew your L1A. I did this in Canada since the processing time is shorter than inside US. Some people are saying in this forum takes more than 6 months to extended it.

[us-im-1]

Thanks Raghvi and Sasvi for your responses.

Just wanted to post here what I finally did.

I visited CBP deferred inspection office and got my I-94 'corrected'. This gave me 6 more months.
Then, I learnt from the officer that I don't have to worry about the date in the petition I-129s as long as my I-94 is valid. Also he advised me that for next time, since my Visa is valid till 2019, I just have to exit and enter US. My I-94 would get extended further.

Thanks everyone, again.