L-1 Visa problem

[Vangipuram]

Hello

I work for Company P in Texas. Reached here in Apr 2005 on L1 Blanket visa, with spouse on L2. The visa was valid for 1 Year until Apr 2006. The Company's Petition was valid until Apr 2006. But when i reached US they gave me and wife I-94 expiry until Apr 2008
My First question: Is it legal and correct to have such a situation?

Due to urgent, my wife went back to India in Mar 2006.

Please can anyone suggest what would be the best method for me to bring back my wife now(this is May 2006), since her visa has expired, but iam staying in US based on my I-94

Is it possible for my company P to change my visa to L-1 Individual right now(May 2006), when iam already in the USA?

Please help
Thanks
Vangipuram

[veena_swsh]

If your petition has a validity till only April 2006, then file for extension. Your wife's visa would have anyway expired. She will need tro get a new L2 visa stamping based on the l1 extension, and go through the stamping at the local US consulate in India with the appropriate papers. You will get a new I 797 for the L1 approval alongwith a I 94. Do consult an Immigrartion attorney and find out whjat to do about the mistake on the I94 that you have.

[guest_01]

I don't think I-94 valid till 2008 is a mistake. Even i got I-94 valid till Nov. 2007 whereas my visa was valid till Nov. 2005 only. Many of friends also got like that. I think its better for you to talke with visa dept. of your co. itself. ( I am assuming your visa is processed by your co. only).
Your wife can go for new visa stamping with copy of your I-94 and new extended petition.

Thanks.
(Not a legal advice)

[Vangipuram]

Help

Thankyou both,

OK so in order to bring my wife back from India to USA, without me travelling to India, the below procedures will be followed. Please correct me if wrong

1) Extend my current L1 Petition which expired in April 2006. (Is it possible to do it even now--after expiration? and is there any rule like extension is possible only with 6 months of I-94 expiry(current I-94 expires only in April 2008)?)

2) Send all required documents including my new L1 petition and I-94 to my wife in india and ask her to fix an appointment at the consulate.

Now when i apply for an extension,, what happens to my current I-94? will i get a new one?

Thank you in advance for your help
Rgds
Vangipuram

[veena_swsh]

Hi,
It is not common to find I 94s issued for a period beyond what date is mentioned on the petition. Please check with the immigration/attorney of your company and sort out this issue. The local consulate (in India) should not assume that you have been out of status as you have continued to stay in the US beyond the validity of your petition. You will however get a new I 94 with the approval of your L1 extension. Your wife can approach the consulate after your extension is done. Check with an attorney for the I 94 issue and extension of the petition.

[vijaysank]

Point to add, Note that You can stay and work in US as long as your I-94 is valid. Normally the immi. officer gives the I-94 based on your petition as the L1 visa is the max for one year stamped in your passport ( or based on your birth date) and your L1 petition is normally for 3 years.
In your case, If your petition is expired, You will have to renew your petition immediately. If you are in L1B you can max. stay for 5 years and if you are in L1A you can stay upto 7 years in US. When you renew your peition, You will get a fresh I-94 with new expiary date on it. You have to use this new petition control Number for taking your wife's Visa appointment in US Consulate.

[Vangipuram]

Below are the details which i have extracted from my Visa stamp on passport and the L1 petition. Please suggest what would be the best option to bring my spouse back to Texas from India

Visa Expiration Date : 04-Apr-06
PED : 04-Apr-08
Date of expiry on I-94 : 04-Apr-08

I landed in USA on 29-Apr-05

My Employer's Blanket L1 Petition expired on 07-Apr-06
On the I-797 my intended stay was mentioned as until 07-Apr-06, but i got it approved until Apr 08.

The dates were the same on my wife's details as well who went back to India

Please let me what is my current status and what would be the best option to bring my wife back to Texas.

Is it possible for my employer to file for L1 Individual for me, right now and then using that bring my wife? Or should i wait until iam within 6 months of I-94 expiry for it to be applied.
Iam not keen to go back to India for a fresh stamping due to the possibility of rejection

Thankyou
Vangipuram