Can my wife(on L2) travel back - her expiry date is close like a week?

[chmelimi]

Hi ,

Can my wife who is on L2 travel to US- on July 24th 2011. Her visa is going to expire on 1st Sep 2011. My L1 visa extension is in progress and I am expecting a receipt in couple of weeks. Please let me know as we are confused.

Thanks,
Chaitanya

[kabkaba]

Yes, but her I-94 may be limited as per your I-94 and she will need to apply for her extension immediately before her I-94 expires after she arrives. She should eFile I-539 in order to make sure it is received by USCIS immediately.

[chmelimi]

Yes let me clarify

Hi,
thanks for your reply, let me clarify one thing here. Along with my extension her L2 extension is also in progress and today I came to know that our both L1 and L2 extension receipts wll be received in a week. So if she carries an extension receipt on 24th August while she is travelling, there will not be any problem, right?

Chaitanya

[kabkaba]

Once she leaves the US, her application will become irrelevant.
In order to return, she will need valid L2 Visa, your valid L1 petition and you need to be in L1 status (so your valid L1 I-94).
I will need more information like visa dates, petition dates, I-94 dates, travel dates and extension application filing dates for both you.

[chmelimi]

Dates information

Hi,
She is planning to return on 08/24 and her L2 visa is valid till 09/01 as same like my L1.


Below is the information about the dates-
visa dates - 09/01/2011
petition dates - 10/10/2011
I-94 dates - 09/01/2011
Travel dates - 08/25/2011
and
Extension application filing date: 08/01/2011
Expecting the extension receipt for L1 and L2 by - 08/10/2011

Let me know if you need additional information.
Thanks,
Chaitanya

[kabkaba]

Hi,
She is planning to return on 08/24 and her L2 visa is valid till 09/01 as same like my L1.


Below is the information about the dates-
visa dates - 09/01/2011
petition dates - 10/10/2011
I-94 dates - 09/01/2011
I assume the above dates are same for both of you
Travel dates - 08/25/2011
When did she leave the US?
and
Extension application filing date: 08/01/2011
Expecting the extension receipt for L1 and L2 by - 08/10/2011

Let me know if you need additional information.
Thanks,
Chaitanya

See above. When did she leave the US?

[chmelimi]

response

Yes the dates are same with both of us.
She left US on 07/07/2011.

[kabkaba]

If she was not in the US on 8/8, there was no need and no meaning to her I-539 extension of status. Which I-94 did your company submit? She must have returned it to the airline when she left.

Now she can return on 8/25, but she may need to file another I-539 to extend, this time with the new, correct I-94. Sending the new I-94 along with copy of I-539 receipt and a cover letter may work but not guaranteed.
This is a really complicated matter and you should consult with an experienced attorney.
Another possible approach is to wait until your petition and I-94 are extended, apply for L2 Visa based on the new petition and then travel back to the US.

[chmelimi]

It's IBM

Hi,
IBM filed us the extension. And yes you are correct there is no need for her extension as she returned her i-94 at the airport. I am about to contact the concerned people about this to let them know that she travelled back to India last month as they are not aware of this.
So the only options are:
1. She has to come back early and then I need to submit her new I-94 to IBM so that they will do the paper work to replace old I-94 with new I-94.
2. If she comes on 08/24 - IBM should be able to process the extension for her with the new I-94 on time before 09/01 her visa expiry date.
Oh .. it looks like we are totally messed up.

- Chaitanya

[kabkaba]

IBM can help file the extension in a proper way, but it is her responsibility to see to it that it is received by USCIS before her I-94 expires. One safe way is to file another I-539 and efile it so that receipt date is earlier than I-94.

But the safest way is to wait until your petition is approved and return with a new L2 Visa to automatically get a longer I-94. If you upgrade the petition to premium you may get the result in 15 days and then she may even use the same existing L2 Visa and your new approval notice to enter the US.