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  • L1 Visa Expiring !

    Hi,

    My L1 visa is expiring in May,2010 and my I-94 is valid till May,2011

    Can I stay in US till May , 2011, If so do I need to inform USICS or anyone ?


    Also ,
    My petition cannot be extended because I have completed my 5 yrs but in L1 is there a way to claim the TimeAway from US , the time in this 5 yrs I have stayed in india.


    Thanks in advance

  • #2
    With L1B you can work only for 5 years at a stretch. Beyond that time, you need to be outside the US for one year before being eligible for another 5 years of stay in L1B status. If you are in L1A status, then that period is 7 years.

    As of my knowledge, the approval of extension for recapturing the time spent outside U.S for a L1 visa holder is less compared to H1B. However, it is still an option and your company attorney can submit a summary of travel and the number of days spent out of the U.S. along with supporting documentation such as photocopies of passport stamps, Form I-94 arrival/departure records, plane tickets etc to USCIS while applying for the extension based on the time spent outside U.S.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks for the answer but Can i stay in US as long as my I-94 is valid though my Visa has expired ?

      Comment


      • #4
        Yes, of course.
        Visa is just an entry permit. Once you enter, nobody cares about visa. I-94 is what matters.

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        • #5
          Hello,

          I have a similar scenario where I travelled to US after almost 9 months of my L1B being stamped. My 5 years of L1B is going to be completed at the end of this year. Could I be eligible to file for another extension based upon my initial 9 month period in India and another 4 month period in India during the work tenure at US?

          Thanks
          Vishal

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          • #6
            Compared to H1B, it is very hard to recapture the dates on L1. However, you can give it a try. The success rate is less.
            Not a legal advice. Use of this information is strictly at your own risk.

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            • #7
              Thanks for this info.

              So in this case would you suggest to file H1 thru my company which should take the period outside of US into account?

              Thanks!

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              • #8
                I am not sure if that is possible. However, you can get an extension for another 1 year if you apply H1B, since you have only completed only 5 years.
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment


                • #9
                  Visa Extension

                  Hi~

                  My 3 year L1B visa will expire early next year. How soon shall I apply for an extension? How long does it take to get the extension?

                  Thanks,
                  -YB

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                  • #10
                    You can apply 6 months in advance of the current I-94 expiry date. It will take at least 2-3 months for the extension to go through via the normal process and 15 days by premium.
                    Not a legal advice. Use of this information is strictly at your own risk.

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                    • #11
                      Thanks Shervin

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