Tweet
Hello members,
I am on a Blanket L, Initially I had my I129S, PED & I-94 all for 3 years (expiring 2018) However the visa stamp is for 5 years expiring 2020 (I got stamped from a country that has 5 years reciprocal agreement with US). Recently when reentered US, my I94 was extended to 5 years from original date until 2020.
I called up CBP and they told me its correct since I am on a blanket petition and my new passport is valid longer. They told me its not a mistake and I stay & work till 2020
When I asked about my dependents since their I94 is only until 2018, office suggested I should reenter together before I94 expiry and it should extend for all
My questions
1) My I129S and visa clearly states PED of 2018, Is it really fine to depend only on I94? My employer says USCIS would not entertain extension petition since I94 has more than 6 months left.
2) I am concerned if my dependents does not get longer I94 extension on our next trip, They would go out of status
I have read conflicting views in below article, Please suggest what do you think?
----------
If the endorsement dates on Form I-129S define the period for which a worker is authorized for L classification, the endorsement dates are in effect equivalent to the approval dates on an individual L-1 petition issued by USCIS. A Blanket L worker would therefore be authorized for employment only during the dates of I-129S endorsement dates. If the Blanket L worker is authorized for employment only during the I-129S endorsement dates, admitting the worker and issuing an I-94 for a period of time beyond the expiration of the endorsement is, necessarily, an error by CBP.
Therefore, we believe that employers SHOULD NOT rely on a Form I-94 issued by CBP to a Blanket L worker that expires on a date beyond the expiration of the I-129S endorsement.
And in CONCLUSION, it is clear that, regardless of whether a worker is in possession of an unexpired I-94, prior to the expiration of the I-129S endorsement date, the employer should either file a petition with USCIS to extend the status of the Blanket L worker or send the worker abroad to apply for a new Blanket L visa stamp in order to obtain a newly endorsed I-129S.
-----------
I am on a Blanket L, Initially I had my I129S, PED & I-94 all for 3 years (expiring 2018) However the visa stamp is for 5 years expiring 2020 (I got stamped from a country that has 5 years reciprocal agreement with US). Recently when reentered US, my I94 was extended to 5 years from original date until 2020.
I called up CBP and they told me its correct since I am on a blanket petition and my new passport is valid longer. They told me its not a mistake and I stay & work till 2020
When I asked about my dependents since their I94 is only until 2018, office suggested I should reenter together before I94 expiry and it should extend for all
My questions
1) My I129S and visa clearly states PED of 2018, Is it really fine to depend only on I94? My employer says USCIS would not entertain extension petition since I94 has more than 6 months left.
2) I am concerned if my dependents does not get longer I94 extension on our next trip, They would go out of status
I have read conflicting views in below article, Please suggest what do you think?
----------
If the endorsement dates on Form I-129S define the period for which a worker is authorized for L classification, the endorsement dates are in effect equivalent to the approval dates on an individual L-1 petition issued by USCIS. A Blanket L worker would therefore be authorized for employment only during the dates of I-129S endorsement dates. If the Blanket L worker is authorized for employment only during the I-129S endorsement dates, admitting the worker and issuing an I-94 for a period of time beyond the expiration of the endorsement is, necessarily, an error by CBP.
Therefore, we believe that employers SHOULD NOT rely on a Form I-94 issued by CBP to a Blanket L worker that expires on a date beyond the expiration of the I-129S endorsement.
And in CONCLUSION, it is clear that, regardless of whether a worker is in possession of an unexpired I-94, prior to the expiration of the I-129S endorsement date, the employer should either file a petition with USCIS to extend the status of the Blanket L worker or send the worker abroad to apply for a new Blanket L visa stamp in order to obtain a newly endorsed I-129S.
-----------
Comment