L1 overstay and visa stamping

[wfy3425]

My situation is following:
My L1 visa was expired on Aug.20, 2018. My I 797 was expired on Oct.30, 2018. When I entered to US last time, the CBP gave
me I94 util Oct.30 2018.
I filed the I129 renew L1 on July 2018 and I just got the approval yearsterday which is valid from Nov.1st 2018 to Oct.30 2020.

1. I did not file I539. And I have stayed in US over the Oct 30,2018 which was given in I94. I plan to go to my home country to get
a new visa next week. But for the period from Oct. 30, 2018 to today, if it will be regarded as overstay?If I will face problem to get visa
in the consulate of my home country?


2. My wife and my daughter hold L2 visa in US. And their visa is valid until July 2019. But their I94 allowed stay is also expired on Oct.30 2018.
They used same I797 to get the L2 visas and entered in US in the past. Now do they need to leave US to get a new L2 visa based on the new I797?
or just leave US to Canada or Mexico and reenter by using new approved I797? Because I noticed that in the right bottom corner of their current L2 visa
stamping, there is a date which is the date of my old I797. So I worried they can not use the current visa with a new I797 to reenter US.

[Libra_14]

My situation is following:
My L1 visa was expired on Aug.20, 2018. My I 797 was expired on Oct.30, 2018. When I entered to US last time, the CBP gave
me I94 util Oct.30 2018.
I filed the I129 renew L1 on July 2018 and I just got the approval yearsterday which is valid from Nov.1st 2018 to Oct.30 2020.

1. I did not file I539. And I have stayed in US over the Oct 30,2018 which was given in I94. I plan to go to my home country to get
a new visa next week. But for the period from Oct. 30, 2018 to today, if it will be regarded as overstay?If I will face problem to get visa
in the consulate of my home country?

I guess you meant filing 539 for yourself (primary L1 applicant) - so it is not needed. Since your I129 was pending, your status was authorized stay & not counted as ovestayed.

2. My wife and my daughter hold L2 visa in US. And their visa is valid until July 2019. But their I94 allowed stay is also expired on Oct.30 2018.
They used same I797 to get the L2 visas and entered in US in the past. Now do they need to leave US to get a new L2 visa based on the new I797?
or just leave US to Canada or Mexico and reenter by using new approved I797? Because I noticed that in the right bottom corner of their current L2 visa
stamping, there is a date which is the date of my old I797. So I worried they can not use the current visa with a new I797 to reenter US.

No, since their visa is still valid it can be used till the last day of validity with new renewed petition. After July 2019, they'll need to get new visa stamped, only if they are planning to go out of USA & re-enter into USA.

Visa is merely for entry purpose & doesn't need to stay valid for the entire duration of your stay in USA. It need to be valid at POE on each of your visit into USA.

I guess you filed 539 for your dependents (wife & daughter).

PS: Please do not share your original visa on public forms like this - remove immediately.

[wfy3425]

Your advise is very useful

I guess you meant filing 539 for yourself (primary L1 applicant) - so it is not needed. Since your I129 was pending, your status was authorized stay & not counted as ovestayed.


No, since their visa is still valid it can be used till the last day of validity with new renewed petition. After July 2019, they'll need to get new visa stamped, only if they are planning to go out of USA & re-enter into USA.

Visa is merely for entry purpose & doesn't need to stay valid for the entire duration of your stay in USA. It need to be valid at POE on each of your visit into USA.

I guess you filed 539 for your dependents (wife & daughter).

PS: Please do not share your original visa from public forms like this - remove immediately.

Thank you so much for advise. It is very useful!!

[newacct]

My situation is following:
My L1 visa was expired on Aug.20, 2018. My I 797 was expired on Oct.30, 2018. When I entered to US last time, the CBP gave
me I94 util Oct.30 2018.
I filed the I129 renew L1 on July 2018 and I just got the approval yearsterday which is valid from Nov.1st 2018 to Oct.30 2020.

1. I did not file I539. And I have stayed in US over the Oct 30,2018 which was given in I94. I plan to go to my home country to get
a new visa next week. But for the period from Oct. 30, 2018 to today, if it will be regarded as overstay?If I will face problem to get visa
in the consulate of my home country?

You're fine. You had a pending Extension of Status application (plus the Extension of Status was ultimately approved granting status for the duration it was pending).

2. My wife and my daughter hold L2 visa in US. And their visa is valid until July 2019. But their I94 allowed stay is also expired on Oct.30 2018.
They used same I797 to get the L2 visas and entered in US in the past. Now do they need to leave US to get a new L2 visa based on the new I797?
or just leave US to Canada or Mexico and reenter by using new approved I797? Because I noticed that in the right bottom corner of their current L2 visa
stamping, there is a date which is the date of my old I797. So I worried they can not use the current visa with a new I797 to reenter US.

Are you saying that they stayed in the US past their I-94 expiration date? Did they file I-539 for Extension of Status? If not, and they stayed past the date on their I-94, their visas are now void and they need to go back to their country of nationality to apply for a new visa.

[wfy3425]

You're fine. You had a pending Extension of Status application (plus the Extension of Status was ultimately approved granting status for the duration it was pending).


Are you saying that they stayed in the US past their I-94 expiration date? Did they file I-539 for Extension of Status? If not, and they stayed past the date on their I-94, their visas are now void and they need to go back to their country of nationality to apply for a new visa.

Thank you for your help. They did not file I-539. And they stayed past the date on their I-94. Because their L2 visa is still valid. Somebody told me that they can go to Mexico and reenter US to get a new I94 by using the just approved I797. Is that true?

[newacct]

Thank you for your help. They did not file I-539. And they stayed past the date on their I-94. Because their L2 visa is still valid. Somebody told me that they can go to Mexico and reenter US to get a new I94 by using the just approved I797. Is that true?

US visas are solely for entry; they have nothing to do with one's stay in the US. You can stay in the US past the expiration date of your visa if you are in status, and conversely, you cannot stay in the US if you are out of status even if you have a valid visa. (People from many countries have 10-year US visitor visas, but that does not mean they can stay for 10 years; visitors are only admitted for 6 months.) Their I-94 determined how long they could stay, and they could not stay past that without leaving unless they had filed a timely Extension of Status application.

Under INA 222(g), the visas they used to enter the last time are now void, even if they are unexpired. They can only get US visas from their country of nationality from now on.

[Libra_14]

Thank you for your help. They did not file I-539. And they stayed past the date on their I-94. Because their L2 visa is still valid. Somebody told me that they can go to Mexico and reenter US to get a new I94 by using the just approved I797. Is that true?

If they haven't filed for extension of their stay (Stayed past the I94 expiry) then they are accruing unauthorized stay in USA. They should leave USA asap & try to re-enter in USA to get their new I94.

Please ensure they carry all possible documents with them at the time of re-entry in USA - they will certainly be questioned.

[gaurav31]

May i ask which date in July you applied for L1B extension? I applied for L1B extension on Sep 14th 2018 on Texas Center and since then no update on USCIS.