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Need another clarification on dates in Petition Paper versus I-94 Expiry Date

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  • Need another clarification on dates in Petition Paper versus I-94 Expiry Date

    Hi,
    Please consideration a situation where
    1) Petition Start Date: 1-Aug-2019
    2) Petition End date: 31-July-2022

    The Candidate enters USA on 1st December,2019 and his I-94 shows Expiry date as 30-NOV-2022

    Can the candidate still stay beyond 31-July-2022 after end date of petition until expiry date of I-94 without applying for L1 Extension. Can the candidate along with all dependents return their home country after Petion Expiry date but before I-94 End date.
    Please clarify
    Consider no extension or EAD applied.

  • #2
    Here is the difference between Petition & I94.

    Petition allows you to "work" in USA - Only workers have this - you can continue to work till your petition expiry date without extension application.
    I94 allows you to "stay" in USA - Everyone on a non-immigrant visa have this - You can continue to stay in USA till your I94 expiry date.

    So essentially you can stay legally in USA till 30-NOV-2022, but cannot work after 31-July-2022 - without an extension petition.

    Yes, you can return to your home country before I94 expiry without any issue.
    - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

    If my opinion helping you, then please do click "like" button below.

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