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L1 B extension denied !! How long can I stay?

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  • L1 B extension denied !! How long can I stay?

    Hi,
    My L1 B petition got expired on 15Oct 2008. Before that I applied for an extension but yesterday, 10th Dec 2008 , my extension got denied, though my I-94 is valid till Jan 2011.

    Please let me know for how many days I can stay legally in US so that I can wrap up my stuff.

  • #2
    Originally posted by sunichow
    Hi,
    My L1 B petition got expired on 15Oct 2008. Before that I applied for an extension but yesterday, 10th Dec 2008 , my extension got denied, though my I-94 is valid till Jan 2011.

    Please let me know for how many days I can stay legally in US so that I can wrap up my stuff.
    How come the I-94 validity is till Jan 2011? On what basis, you got an I-94 till Jan 2011 when your L1-B petition expired Dec 2008?

    Am I missing anything?
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

    Comment


    • #3
      Originally posted by DMX17
      How come the I-94 validity is till Jan 2011? On what basis, you got an I-94 till Jan 2011 when your L1-B petition expired Dec 2008?

      Am I missing anything?
      Last time I visited India in Feb 2008 . While returning to US I got a I-94 with validity till Jan 2011

      Comment


      • #4
        Technically ...

        ... with your I94 dates, you should be able to stay in the country until then, but since your petition is not valid anymore, your status is stripped down to an equivalent of "visitor", meaning you cannot work or study.

        Now, there's a very strong possibility that the officer mistakenly stamped the date on your I94, but then since its not your fault they cannot prosecute you.

        However, you will anyway need to return to your home country and re-apply for your petition and return back only when approved with a valid visa stamped in your passport.

        Take care.

        Comment


        • #5
          TxH1B, could you answer Sunichow's question.

          Comment


          • #6
            Irrespective of what the I-94 says, one can only work with a valid petition only. Remember, your SSN says "Valid only with DHS Authorization" and a petition is such an authorization.

            CBP errors should not be taken advantage of but corrected. If one has a H1b valid till 12/31/08 and I-94 is erroneously issued until 12/31/09, they cannot work past the 12/31/08 unless an extension is filed.

            If it is a L1 blanket petition, I am not sure how the expiration of the petition is handled. I am guessing a blanket petition is valid only for initial entry and any extension has to be on an "individual" basis and not a blanket. My knowledge about L1 is limited.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment

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