L2 re-entry at the time of visa expiring

[msshah]

Hi Folks,

I have one doubt and want to clarify that with you all.

I am on L1A and of course my wife & child on L2. We all have visa & I-94 getting expired on 1st week of Feb 2012. My company asked me to start L1A renewal process. All looks good so far..rt?
But the problem is, My wife & child need to visit India from Dec-11 and will come back by 7th Jan 2012 due to some urgent work. My question is, what will happen when they re-enter into US. I won't travel with them and will remain in US only.

According to my company, if they are (L2) leaving country before I-94 expiry, then I need not to start I-94 extension process for them but they are saying they need to come back to US at least 2 months earlier than Visa expiry date (which is not the case).

Please suggest what should I do now? I really need urgent help on the same.

Thanks

[shervin143]

Here are your options

1) File the L1A and L2 extensions now and let the family leave U.S only after a decision is made on all your extensions. If they leave the country when the extension is pending, then their EOS may get denied and there is no point in filing the extension.

2) File only your (L1A) extension. Let them leave as planned, but return only after your extension gets approved. That way, by showing your latest approval notice at the POE, they can get an extended I-94 matching your extended petition expiry date (Assuming the passports remain active for more than a year). You can file the extension in premium process and get the result within 15 days.

3) Least advisable approach - You file only your extension. Let the family leave as planned and return back before their visa gets expired. They will have to show your existing petition (assuming your extension is still pending) at the POE and get an I-94 only till Feb. File the L2 extensions immediately upon reaching U.S based on your pending L1A extension. It would take about 2-3 months to get the decision. If for any reason the L2 extensions get denied, then the time spend in U.S after their I-94 expiry date will be considered as illegal stay. This is why it is advisable to go with option 1 or 2. This is why your company is asking to file their extension at least 2 months before the I-94 expiry date.

[msshah]

Thanks. This is what my company suggesting. I will have them go as per plan and then once decision will be made for my extension, I will take further steps.