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L1 stay more than 7 years?

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  • L1 stay more than 7 years?

    Hi,

    I am in L1A and I have VISA expiring exactly at the end of my 7 years stay (September 2009) and my I-94 'was' also expiring at the end of my 7th year.

    However, I went to my home country this month for personal work and came back. This time, my I-94 is stamped till July 2010.

    I understand the valid stay for L1A is 7 years maximum and my VISA is also expiring exactly at the end of 7 years. I also understand that I-94 date overrides the VISA date. So, what does this mean? If I continue to stay till the end of my I-94 (July 2010), then I will exceed the 7 years quota for L1A, which is actually ending in September 2009.

    Obviously, I would like to do things cleanly and legally. Can someone advice?

    Thanks,
    J.

  • #2
    The I-94 was issued erroneously. Any erroneous extensions or stay executed by USCIS or CBP officers cannot be used by an alien to their advantage unless there is an underlying petition/cause that allows for the stay.

    You should return at the completition of 7 years to be legal.

    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


    • #3
      Thanks for the clarification.

      Comment


      • #4
        I have one more question. I got married about 2 years back. My Wife is here in L2 as my dependent. I had processed EAD for her and she is currently working. When she entered here this week (after a short vacation), her I-94 is now stamped till 2011. As you can see in my previous post, I have to leave this year, due to the completion of my 7 years. But, my Wife is here only for 2 years and is not even close to 7. Can she stay "legally" till 2011 in my absence (as her I-94 is valid till 2011)? I suppose not, but just confirming.

        Thanks,
        J

        Comment


        • #5
          No, she cant stay back.

          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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