Expired L1B visa with valid I-94, want to file L1B extension

[workpermit]

I have been staying in US for past 3 years since June 2008. My L1B visa got expired in June 2011 but my I-94 is valid until Feb 2014 since I got a new I-94 when I went outside US on vacation in Feb 2011. I may need to go outside US and come back again, so I want my company to file L1B extension for 2 years. If my application for visa extension gets rejected for some reason, then my I-94 valid until 2014 will still stand valid or it will get void and I will have to go back to my home country in case of rejected application?
Thanks for your help in advance.

[kabkaba]

I-94 is just a paper showing your permitted stay in the US. When you leave the US and want to re-enter you need a valid petition and a valid visa. You can apply for your Visa at an embassy/consulate abroad like you did before. If your petition is blanket, there is no expiry date for that. If Visa is denied you will not be able to return to the US.

[workpermit]

Hi,
Thanks for your prompt reply. I totally understand as to what you are saying. Let me rephrase my actual query.
Currently, I am in US and suppose, my company files for L1B extension tomorrow and application gets rejected within a month while I am still in US. In this case, my I-94 valid until 2014 will continue to stand valid even if L1B extension is rejected or I-94 will get void and I will be asked to leave US.

[kabkaba]

Why would the company file an extension if I-94 is already valid till 2014? It does not need to at all. If job specification or location has changed all they have to do is file an amendment not extension. In case of L1B extension petition = Extension of status = I-94 extension. Why do you want to extend an I-94 which is already valid till 2014? Has the company told you that they are filing an extension? Have you shown the company's lawyers your I-94?

[workpermit]

I am asking my company to file for visa extension and as I am guessing that I may need to go back to India for a month and then come back.

[koppala]

Why would the company file an extension if I-94 is already valid till 2014? It does not need to at all. If job specification or location has changed all they have to do is file an amendment not extension. In case of L1B extension petition = Extension of status = I-94 extension. Why do you want to extend an I-94 which is already valid till 2014? Has the company told you that they are filing an extension? Have you shown the company's lawyers your I-94?

kabkaba - I would appreciate your answer as a senior member.
But - why would we need extension is. If we want to go to home country with i-94 it is risk. again company need to file new L1 and chances of rejection is more. So if we think in those lines it is better to apply for L1B visa extension.

Suppose, I am in US where my L1B expires in next month and i-94 validity is there 7 more months and my company files for L1B extension tomorrow and application gets rejected within a two months while I am still in US. In this case, my I-94 valid is there for 5 more months and will continue to stand valid even if L1B extension is rejected or I-94 will get void and I will be asked to leave US ASAP.

[kabkaba]

kabkaba - I would appreciate your answer as a senior member.
But - why would we need extension is. If we want to go to home country with i-94 it is risk. again company need to file new L1 and chances of rejection is more. So if we think in those lines it is better to apply for L1B visa extension.

-- If you don't have a valid Visa in your passport, you need to get one and that means a possibility of denial. What you talk about new L1 and L1 extension is the same thing. It is just an L1 individual petition filed by the company, so it makes no different at all. The only thing different about the 'extension' petition is that it has 'extension of status' part because the beneficiary is in the US. That is the easier part, since all you need to prove is that you are currently maintaining status. The petition denial risk mainly comes from not being able to prove specialized knowledge and that risk is the same irrespective of whether the beneficiary is in the US or not.

Suppose, I am in US where my L1B expires in next month and i-94 validity is there 7 more months and my company files for L1B extension tomorrow and application gets rejected within a two months while I am still in US. In this case, my I-94 valid is there for 5 more months and will continue to stand valid even if L1B extension is rejected or I-94 will get void and I will be asked to leave US ASAP.

-- That depends on the reason for petition denial. If only the petition is denied, you can continue in your current status until I-94 expiry. But if USCIS finds that you are currently not maintaining your status and clearly states so in their denial letter, you will need to leave the US immediately.

See above.