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L1B 5yr period expired but have valid VISA, petition and I-94

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  • L1B 5yr period expired but have valid VISA, petition and I-94

    Hi,

    I came to US on May 15th 2005 on a L1B visa. My VISA and petition had a validity only till Dec 5th 2005. I applied for extension and got it extended till Dec 5th 2007 with both I-94 and Visa expiry the same date as of Dec 5th 2007. When I applied for next extension, I got an RFE and my company did not wanted to respond to query and they withdrew the petition and I exited the country immediately. On my return to India they applied for a fresh L1B petition and it got approved. I went for stamping at consulate and got my stamping till May 23rd 2011. This is the same date as the petition end date as well.

    My first question is, on what basis did they give me a VISA for 3 years for L1B when I had already stayed in US for 3 years ? When I came to US at the port of entry they gave me an I-94 till July 24th 2012.

    In Oct 2010, I was told by my company's immigration department that though I have a valid VISA, Petition and I-94, I had to exit the country immediately as L1B is only for 5 years. Immediately the next day I exited the country.

    Now my question is that, will I be eligible for a H1B? If I go for stamping will they question me as overstay?

    My husband is in H1B in US and my kid (US citizen) is with him. Can I apply for H4? Will I have any problem when I go for my stamping for H4? Kindly advice.

  • #2
    My first question is, on what basis did they give me a VISA for 3 years for L1B when I had already stayed in US for 3 years ? When I came to US at the port of entry they gave me an I-94 till July 24th 2012.
    >>> Sometimes they issue without checking all the previous records. It is actually our responsibility to not overstay beyond 5 years in L1B, 6 years on H1B & 7 years in L1A (assuming Labor/I-40 is not applied/approved).

    In Oct 2010, I was told by my company's immigration department that though I have a valid VISA, Petition and I-94, I had to exit the country immediately as L1B is only for 5 years. Immediately the next day I exited the country.

    Now my question is that, will I be eligible for a H1B? If I go for stamping will they question me as overstay?
    >>> L1 + H1B together is for 6 years. Question about the overstay might or might not arise. It is hard to predict. If asked, you can explain the same what you have mentioned here.

    My husband is in H1B in US and my kid (US citizen) is with him. Can I apply for H4? Will I have any problem when I go for my stamping for H4? Kindly advice.
    >>> H4 should not be an issue. However, to get back to a fresh L1 or H1B, you spent 1 year outsode U.S.
    Not a legal advice. Use of this information is strictly at your own risk.

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