Filing L1/L2 extension 5 months prior to expiry. i-94 date query in case of rejection

[shield12]

Hi,

I am on L1 and my 1-140 is approved (EB3). My current visa expiry date and i94 date is 19 Dec 2011. My company is filing my L1 visa extension (recapture) this month (5 months in advance).

1) Seems like there are lot of rejections going in. In case my visa is also rejected, will my i-94 expiry be still 12/19/2011 or can it be earlier as well ?


2) My company has also filed H1B for me as eventually i need to be H1b for my GC continuity. The case is filed as consular processing so that my spouse can continue to be on L2 EAD and be employed for a longer period. Will it weaken my case now since I have will have noth L1 extn and H1B filed simulatneously.

Any help/suggestions will be deeply appriciated. Thanks !

[kabkaba]

Hi,

I am on L1 and my 1-140 is approved (EB3). My current visa expiry date and i94 date is 19 Dec 2011. My company is filing my L1 visa extension (recapture) this month (5 months in advance).

1) Seems like there are lot of rejections going in. In case my visa is also rejected, will my i-94 expiry be still 12/19/2011 or can it be earlier as well ?
You will be allowed to stay and work till your current I-94 date irrespective of the decision.


2) My company has also filed H1B for me as eventually i need to be H1b for my GC continuity. The case is filed as consular processing so that my spouse can continue to be on L2 EAD and be employed for a longer period. Will it weaken my case now since I have will have noth L1 extn and H1B filed simulatneously.

It is not permitted for one employer to file 2 H1 petition for the same person. I don't know if this applies to separate H1 and L1 petitions too, since they are filed on the same form I-129. Ask your employer's lawyer to check this. But I would say it will not matter.

Any help/suggestions will be deeply appriciated. Thanks !

See above. I assume your spouse will file I-539 to extend their own status along with your employer's petition.