L1 Expired, Valid I94, Extension applied & how the stammping is affected?

[sabry4u]

Hi,

I am in L1B visa and my wife is L2.

Our Visa as well as petition expires on Sep 2nd 2010.

But our I94 is valid until Sep 2nd 2011. If my company initiate my extension of stay in March 2011 will it get negatively impacted due to the expired visa?

If not and if my extension gets approved, then I go to India for stampping, Will my stampping have any issues due to these scenarios?

Thanks in advance,
Sabry

[abhayg4]

Hi,

If I understood you correctly then you are saying that your VISA and PETITION as well is expiring this SEP'2010 but ur I-94 is valid till SEP'2011.
hmmmmm. ...which is strange.

Anyway you have to EXTEND your PETITON also as Petition means Autorization to Work and as it is expiring in Sep'2010 , after that you are NOT AUTHORIZED to work even if you have a valid I94.
So , apply for the extension before SEP'2010 and you will get a new extended work Petition (I-797) along with the new I-94 attached to it.
apply for you and your dependents together.

Thanks and regards,
Abhay

[shervin143]

Abhay, this is not true. If it is a blanket L1 petition, then usually they get an extended I-94 compare to their petition expiry date. Extension of stay cannot be filed 6 months in advance of the current status expiry (Meaning, I-94 expiry). As long as the I-94 is valid, the person can continue to stay in the country and keep working.

Hi,

If I understood you correctly then you are saying that your VISA and PETITION as well is expiring this SEP'2010 but ur I-94 is valid till SEP'2011.
hmmmmm. ...which is strange.

Anyway you have to EXTEND your PETITON also as Petition means Autorization to Work and as it is expiring in Sep'2010 , after that you are NOT AUTHORIZED to work even if you have a valid I94.
So , apply for the extension before SEP'2010 and you will get a new extended work Petition (I-797) along with the new I-94 attached to it.
apply for you and your dependents together.

Thanks and regards,
Abhay

[abhayg4]

Thanks for the Clarification Shervin
May be I mixed H1 and L1(Blanket) rules and regulations together.

Hi sabry , please disregard my post

Regards,
Abhay

Abhay, this is not true. If it is a blanket L1 petition, then usually they get an extended I-94 compare to their petition expiry date. Extension of stay cannot be filed 6 months in advance of the current status expiry (Meaning, I-94 expiry). As long as the I-94 is valid, the person can continue to stay in the country and keep working.

[sabry4u]

Wow...

Guys,

Both of you gave a useful information. But I think i m in little trouble here. My HR said that I can work until Sep 2011 since I have valid I94. But when I come back to India in 2011 then I need initiate new L1 visa processing because my petition is already expired.

I have never extended my L1 petition (or) my stay.

So is there any way, I can avoid the new L1 petition process and extended both my stay & L1 petition?

Thanks,
Sabry

[shervin143]

If you go back to India, then you will have to return your I-94 at the airport. To return back, you will need a valid visa and a approval notice. As long as you are in U.S, you can stay until the I-94 expiry date. If you leave the country, then you company need to file for extension. When the extension gets approved, you can go for stamping. There is no other alternative.

Guys,

Both of you gave a useful information. But I think i m in little trouble here. My HR said that I can work until Sep 2011 since I have valid I94. But when I come back to India in 2011 then I need initiate new L1 visa processing because my petition is already expired.

I have never extended my L1 petition (or) my stay.

So is there any way, I can avoid the new L1 petition process and extended both my stay & L1 petition?

Thanks,
Sabry

[UKannan]

Hi,

I am in L1B visa and my wife is L2.

Our Visa as well as petition expires on Sep 2nd 2010.

But our I94 is valid until Sep 2nd 2011. If my company initiate my extension of stay in March 2011 will it get negatively impacted due to the expired visa?

If not and if my extension gets approved, then I go to India for stampping, Will my stampping have any issues due to these scenarios?

Thanks in advance,
Sabry

If your Visa and Petition is valid till 09/02/10, why don't you ask your employer to file for extension before it expires?

[sabry4u]

Kannan,

One of the criteria for USCIS to approve the extension, the I94 expiry should be with in 6 months. Other wise they wont approve the extension even though u submit it.

Hey Guys,

I think I got a way out. TO overcome this situation, I need to adjust my I94 expiry date to the petition expiry date by giving it to the USCIS officer at the arrival location of an airport.

Now, both the I94 & L1 petition expires at the same date. So I can apply for the extension. If the extension is approved, then the I94 expiry date will be the new petition expiry date and whenever I go to India I can get the VISA stamped because I have the extended petition.

Hope this info will help some one else in my kinda circumstances.

Thanks,
Sabry

If your Visa and Petition is valid till 09/02/10, why don't you ask your employer to file for extension before it expires?

[Nsrindia]

How to change I-94

Kannan,

One of the criteria for USCIS to approve the extension, the I94 expiry should be with in 6 months. Other wise they wont approve the extension even though u submit it.

Hey Guys,

I think I got a way out. TO overcome this situation, I need to adjust my I94 expiry date to the petition expiry date by giving it to the USCIS officer at the arrival location of an airport.

Now, both the I94 & L1 petition expires at the same date. So I can apply for the extension. If the extension is approved, then the I94 expiry date will be the new petition expiry date and whenever I go to India I can get the VISA stamped because I have the extended petition.

Hope this info will help some one else in my kinda circumstances.

Thanks,
Sabry

Hi Sabry
How did you adjust your I-94? Did you travel to India or go to nearby place like Canada/Mexico.. Did the I-94 get shortened froom Sep-11 to Sep-10? I am having similar issue, so please reply.. I know this is an old thread but your reply will help me