L1-B visa expiring soon, I-94 valid

[puneetarora]

My L1-B visa dates are Nov 2008 – Nov 2011. The visa is under Blanket petition. I came to US in Jan 2009. Went to India for vacation in Jan 2011 and came back in Feb 2011. The port of entry office gave me an I-94 with L1 class for up to Feb 2014 (not sure on what basis as my Visa expires in Nov 2011).

Now my company says that it cannot file an L1-B extension for me since my I-94 is already good till Feb 2014 and I can legally stay and work in US without requiring an extension. They will only file an extension for me if I have to go out of US and come back before Feb 2014.

1. Can I legally stay and work in US based on I-94 even if my visa has expired?
2. Will it cause any problems with my future Visa applications?
3. If I have to go to India next year for vacation and the company files an extension at that time and if I get an approval, can the consulate ask me why I did not file an extension on time when I go for stamping?
4. My wife is with me on L2 with same I-94 date. Can she have any problems with future visa applications?
5. My wife has an EAD which is valid until Nov 2011. Can that be renewed based on the I-94 date?


Thanks

[shervin143]

1. Can I legally stay and work in US based on I-94 even if my visa has expired?
>>> Yes.

2. Will it cause any problems with my future Visa applications?
>>> No. As long as the L1 I-94 is valid, you can stay and work in L1 status.

3. If I have to go to India next year for vacation and the company files an extension at that time and if I get an approval, can the consulate ask me why I did not file an extension on time when I go for stamping?
>>> No. This not an issue. Read the above answers.

4. My wife is with me on L2 with same I-94 date. Can she have any problems with future visa applications?
>>> No issues.

5. My wife has an EAD which is valid until Nov 2011. Can that be renewed based on the I-94 date?
>>> Unfortunately No. Renewing the EAD needs a valid petition. They don't go by the I-94.

[puneetarora]

Thank you very much.

[shervin143]

Make sure to keep a copy of that I-94 for your future records. That way, even if a VO asks you later, you will have a proof. Otherwise you will return the I-94 when you exit and will not have any records for future reference.

[puneetarora]

yes, makes sense.