stay beyond 5 years in L1B visa

[ngufo06]

Hello Experts,

I am in US on L1B visa. My visa and I94 is getting expired on Aug 2010. But due to some business need my company wants me to stay for a month after visa expiry. They said they will file some extension documents so that I can legally stay for a month. I will also be completing 5 years in L1 visa.
I wanted to know is this process legal ? Will I not be "out of status" post Aug 2010?

Thankyou
ngufo06

[shervin143]

Extension beyond 5 years in not possible with L1B. Your company will either need to file L1A (if you qualify) or they will have to file H1B. It is your responsibility to make sure that you don't stay illegally after your I-94 expiry date since you will be the one who will be affected later and your company.

[ngufo06]

What I came to know is that my company is filing for I94 extension for the period I was away on vacation in last 5 years. I checked that in last 5 years I was away from US for about 1 month.
Is I94 extension for that period valid and by when would this need to be filled ? My current I94 is expiring on Aug 10 2010.

Thanks,
Rishi

[shervin143]

It is kind of hard to recapture the days spent outside U.S on an L1 visa although it is still an option (Not as easy as in H1B). You will have produce copied of your entry/exit proofs (stamps in the passport, flight tickets, copies of I-94's etc). The extension would take at least 2-3 months. So it is advisable to file it as soon as possible.

Let us assume that your company files for the extension on 1st of August. Starting 11th August you are illegal since your I-94 would hace expired. But you can stay in U.S since your extension is been filed. If the extension gets approved, then whatever time that you have spent after the I-94 expiry (after 10th August) will be considered legal. If the extension is denied, then the time spent after I-94 expiry will be considered illegal. So it is advisable to apply for the extension as early as possible.