L1 - I-797 extension / visa stamp

[St3phani3]

Hello
Looking for some clarification - our I-797 and subsequently I-94 is scheduled to expire August 2022.
We are in the process of the extension in country via USCIS.
Assuming it is approved - the question then is regarding the Visa Stamp in our passports. There remains 2 years on this - it is valid until August 2024
Must we get a new visa stamp if and when we leave the US or will this one be ok - even though it does stated PED August 2022?

Thank you

[Libra_14]

Assuming it is approved - the question then is regarding the Visa Stamp in our passports. There remains 2 years on this - it is valid until August 2024

Yes, your valid visa can still be used along with your extension approval (I797).

Must we get a new visa stamp if and when we leave the US or will this one be ok - even though it does stated PED August 2022?

Since it is still valid, you do not need a new visa. Existing visa can be used with new I797.

[St3phani3]

Thank you - this is interesting. I wasn't sure given the original PED was stated on the Visa stamp!
One last question - we still need to leave the US and re-enter I assume in order to update the I-94 which is the document of legal presence?

Really appreciate all your support

[St3phani3]

Yes, your valid visa can still be used along with your extension approval (I797).

Since it is still valid, you do not need a new visa. Existing visa can be used with new I797.

Even if it states the PED of the original I-797?


Assuming you're right, thank you - when we receive the new I-797 we assume we will still need to exit and cross the border for re-entry to update the I-94 correct?

Thank you in advance

[Libra_14]

Visa is merely for entry into USA, once you are inside USA, that visa is of no use & neither the visa expiry & petition expiry date mentioned on it matters. What matters is your I94 for your stay inside USA & I797 dates for your authorization to work in USA.

Also, if your new I797 also has your new I94 (see the bottom part of your 797), then you don't need a new I94 as well - you can continue to stay & work.

Hope this helps. Please revert if anymore question.

[St3phani3]

Thank you - how do I get a new I-94 though?



Also - I've to post a new scenario!!!

[newacct]

Thank you - how do I get a new I-94 though?



Also - I've to post a new scenario!!!

What do you mean? You already got a new paper I-94 on your extension approval notice.

[St3phani3]

OOH! So if and when Hubbie gets the I-797 extension that automatically extends the I-94 too? Dont' we need to leave the country and re-enter to do that?
I'm sorry I really don't know the process

[Libra_14]

OOH! So if and when Hubbie gets the I-797 extension that automatically extends the I-94 too? Dont' we need to leave the country and re-enter to do that?
I'm sorry I really don't know the process

Yes, a new approval notice for your extension petition (i.e. I-797) comes with a new extended I94 matching the dates of your petition expiry.

[newacct]

OOH! So if and when Hubbie gets the I-797 extension that automatically extends the I-94 too? Dont' we need to leave the country and re-enter to do that?
I'm sorry I really don't know the process

I think sometimes people's confusion is because they think that the CBP's electronic I-94 website is "the I-94", and if they think it needs to be "updated" on there. It doesn't. Paper I-94s are just as much I-94s as electronic I-94s. CBP's I-94 website has electronic I-94s from entry only. It will not have I-94s from Change of Status or Extension of Stay. Those are granted by USCIS (a different agency) and are issued as paper I-94s. Regardless of what I-94 you got, when you get a new I-94, it replaces any previous I-94s you have, and is now your only active I-94. If your L1 petition approval comes in an I-797A, it means it came together with a Change of Status or Extension of Stay approval, and you get a paper I-94 as part of the page of the I-797A. That piece of paper is the I-94. It will not show up on CBP's electronic I-94 website (because it was not issued by CBP and it is not from entry), and it doesn't need to. On the other hand, if you get an I-797B, that means the L1 petition approval did not come with a Change of Status or Extension of Stay approval, and you don't get a new I-94, and your status didn't change or get extended.

[St3phani3]

Thank you - I think I understand a little clearer now! I have an add on. Lets fast forward and Husband has his I-797A and his paper I-94.
My USCIS application is still in process as I am an L2 blanket dependent. Can I leave the US go to my Consulate in Ireland and get my papers that way? Must he be with me in person?

[newacct]

Thank you - I think I understand a little clearer now! I have an add on. Lets fast forward and Husband has his I-797A and his paper I-94.
My USCIS application is still in process as I am an L2 blanket dependent. Can I leave the US go to my Consulate in Ireland and get my papers that way? Must he be with me in person?

What do you mean by "get your papers" at a consulate? Do you mean apply for an L2 visa? But I though your L2 visa was valid for 2 more years.

[Libra_14]

My USCIS application is still in process as I am an L2 blanket dependent.

I assume you mean L2 extension application.

Can I leave the US go to my Consulate in Ireland and get my papers that way?

Yes, you can leave US & visit Ireland. Ensure you have L2 visa stamped & is valid on the day of re-entry (as visa is required for re-entry) along with copy of your pending extension application receipt & your spouse L1 extension approval.

Must he be with me in person?

No he doesn't need to be with you for your L2 visa re-stamping, if thats what you meant.

[St3phani3]

Hi

Thank you - I don't mean for my Visa re-stamping as my visa stamp is valid until 2016. I mean for my L2 extenstion - I-797.
I've applied for it In Country - but because I'm L2 it can take up to 8 months. I have a US Consulate appointment in Ireland for October - I know IF i leave the US the USCIS application is voided. My question is can I go to the Consulate and process my full extension directly with them.
And does my Husband need to be there for that. (He will already have his processed via USCIS as he is L1 Priority Processing)

Thank you

[newacct]

Hi
My question is can I go to the Consulate and process my full extension directly with them.

That doesn't make sense. There is nothing to "extend". You were trying to extend your L2 status, i.e. the period of time granted on your I-94 for this stay. When you leave the US, your status ceases to exist. When you seek entry to the US again, you will do so on the basis of your visa, and you will be admitted on a new I-94 with a new period of admission. (This is true no matter what type of visa you have. If you have some other kind of visa other than L2, you would be admitted on a new I-94 for that status with a new period of admission.)