L1B and I-94 Expiry Relation

[Member2003]

Hi Experts,

I am currently in USA holding L1B Visa that is going to expire on 22-Apr-2011. But my I-94 is having date as 31-March-2013.

Do I need to apply for L1 Extension After 22-Apr-2011 or I-94 will work.

If I have to apply for L1 Extension, then do I need to go outside USA or I can apply for extension from USA itself?

Thanks.

[shervin143]

L1 blanket petition will usually have a validity longer than the petition validity. You can legally stay in the country until the I-94 validity. Extension can be applied only 6 months in advance of I-94 expiry date. If you leave the country after the petition validity, then you will need to file an extension since you will be returning your I-94 at the airport.

[Member2003]

Thanks Shervin for prompt reply.

I didn't get your first line "L1 blanket petition will usually have a validity longer than the petition validity."

My I129S form (Non Immigrant Petition)has validity till 20 April 2011 only and I129 form (Blanket petition of Company) is valid indefinitely.

[shervin143]

Sorry, I meant to say that the I-94 that will be issued at the POE for a L1 blanket petition will usually have more validity than the petition itself.

[Member2003]

That make perfect sense to me.Thanks Again.

Now you are also saying that "If you leave the country after the petition validity, then you will need to file an extension since you will be returning your I-94 at the airport."

That means, I have to anyway apply for extension before I leave US after my petition expiry date. i.e. even if I leave US 1 year before I-94 Expiry( that will be 1 year after visa/ petition expiry), I should have extension with me. And this will not be possible as per your first statement.

[shervin143]

You can apply for extension only 6 months prior to current status expiry (I-94 decides your status). But when you leave the country, you will have to handover the I-94 at the airport and you will hold no status. In which case, you can file for an extension immediately after leaving the country, assuming your current petition has already expired.

This is a problem with the L1B blanket petitions, since you cannot apply for extensions in advance. The advantage is that you get a solid 3 years of I-94 irrespective of petition expiry. However, filing extension will become difficult as the I-94 remains valid but not your petition. Talk to your company attorney and see if there is any other way to handle this.

[Member2003]

Really Helpful

Thanks a lot Shervin. That was really helpful information.