I-94 Extension just 2 days before the visa expiry

[ngufo06]

Hello,

My L-1 visa expiry date and I-94 is 12th July 2010. I am also completing 5 years in L1B visa. I have 45 days after 12th July to complete 5 years on L1B.
My company wants to file for I-94 extension for the remaining 1 month.
Is this legal ? Also I want to go back to India on 6th August.
This will only give 1 month time from now. Will I receive any conformation in a month's time.
What will I have to submit(I-94) at the port of exit to show that my stay in US is legal.

Please advise ASAP.

Thanks
Rishi

[shervin143]

My L-1 visa expiry date and I-94 is 12th July 2010. I am also completing 5 years in L1B visa. I have 45 days after 12th July to complete 5 years on L1B.
My company wants to file for I-94 extension for the remaining 1 month.
Is this legal ?
>>> Yes.

Also I want to go back to India on 6th August.
This will only give 1 month time from now. Will I receive any conformation in a month's time.
>>> You can get a decision within 15 days if your employer applies the extension in premium process. Normal process will take 2-3 months.

What will I have to submit(I-94) at the port of exit to show that my stay in US is legal.
>>> They don't care if your stay was legal or not when you leave the country. They check that only when you go for visa stamping or when you re-enter U.S. So whatever I-94 that you have should be submitted when you leave the country.

[ngufo06]

Thanks for the quick response.
1 more thing:
If I leave US before the response on approval/denial has not yet come from USCIS, Can I withdraw my I-94 extension request ?
I mean since I plan to leave US first week of August, and by that time the respnse from USCIS would not have come, would it not be better to withdraw the I-94 extension request ?

Thanks
ngufo06

[shervin143]

Possible. However, your period of stay beyond your I-94 expiry will be considered illegal and you may be questioned when you go for visa stamping the next time.

[abhayg4]

Hi OP,

This is my view :

(1) Staying even a single day beyond I-94 expiry is always considered ILLEGAL/Violation of US Immigration Laws

(2) Now as your I-94 is expiring on 12-JUL-2010, you SHOULD have applied for an extension in advance so that your application must have reached to USCIS before 12th. So I am not sure how it is going to happen now as you have only today and Monday to complete the application with all the requirements/details and to reach them also by monday.So that they can feed it into their system also on the same day!!!!!
So please act fast and apply for an extension......and if possible do premium processing , so that u'll know the outcome before you leave...
because leaving the country when the extension process is going on...has its own complications....

So in future , please apply for an extension in advance or leave the country before I-94 expires...so that you will not have any problems in future (for GC. visa etc etc...)

Thanks and Regards,
Abhay