L1B petition extended but i94 not renewed

[psvohra]

I am in US with family since May, 2009 on L1B. My employer had filed for my L1B extension 3 months back. My L1B ne petition has been issued but I94 has not been extended. My current I94 has already expired.

My wife cannot travel due to medical reasons. My Client project is also at a very crucial juncture that warrants me to be here.

Questions:
1. My employer is not aware of reasons as to why I94 is not extended. Can I reach out to USCIS with the receipt number for letting know the reasons?

2. Can I go back to India and get my VISA stamp and family can stay back? Will the primary applications I94 validity suffice for dependents to get VISA stamped later?

3. Does USCIS have mechanisms to re-assess cases for I94 extension again with additional fees?

4. Can I get the VISA stamped from Canada since my family would be able to undertake this short journey?

This is very critical. Please respond asap.

[shervin143]

1. My employer is not aware of reasons as to why I94 is not extended. Can I reach out to USCIS with the receipt number for letting know the reasons?

There is no point in researching the cause. Take action to get things right. The best option for you is to stop working, leave the country immediately, get the visa stamped and return back to work. With your I-94 expired, you are accumulating illegal stay. Illegal stay for more than 6 months could earn up to 3 year ban. For more than 12 months, it could earn up to 10 year ban.



2. Can I go back to India and get my VISA stamp and family can stay back? Will the primary applications I94 validity suffice for dependents to get VISA stamped later?

What is the status of the I-94 of your family? Is it still valid? If not, then they have to leave immediately with you to avoid illegal presence in the country. If they still have a valid I-94, then you can file for H4 extension later from within U.S. The primary applicant's I-94 will not have much to do with the H4 stamping. The primary applicant's petition does.



3. Does USCIS have mechanisms to re-assess cases for I94 extension again with additional fees?

Yes. You can file an amendment application on an approved case. But it is up to USCIS to approve the amendment from consular process to COS. I am not sure if this would work in your case, since your I-94 has already expired. If your application gets rejected, you have already accumulated more illegal stay with your I-94 already expired. This would lead to visa issues later.



4. Can I get the VISA stamped from Canada since my family would be able to undertake this short journey?

Yes.