L1-A Extension

[naeempangal]

Hi,

I am in the US on L1-A visa since Nov-2008. My visa expired on 15JUN11. My employer applied for extension on 24MAY11.

I heard that immigration allows 240 days of authorized stay. Can anyone please tell me the 240 days are counted from the date of visa expiry (or I-94 expiry) or from the date on which extension is applied for (24MAY11 in my case). The dates of our visa and I-94 expiry are same.

I dont want to stay beyond six months after visa/I-94 expiry. I need to know if I should leave by 15DEC11 or by 24NOV11 itself. My employer may go for premium processing, I will have to press them to go for premium processing ASAP.

I would appreciate a quick help as I need to act fast.

Regards,
Naeem

[shervin143]

Here is the catch. The immigration allows you to stay up to 240 days after filing the extension and when the extension is pending with USCIS. However, if the extension gets denied, then all the time spend in U.S after your I-94 expiry date will be treated as illegal stay. If your stay is illegal for more than 180 days, you can get up to 3 year ban from entering U.S. If your stay is illegal for more than 365 days, then you can get up to 10 year automatic ban. This is why USCIS gives you 6 months time to file the extension before the I-94 expiry date. Better upgrade your case to premium and get the result within 15 days instead of taking unnecessary risk.

[naeempangal]

Shervin,

Thanks for the reply. I am pressing my employer for premium processing, hopefully they will decide in next few days.

Can you please let me know from what date the six months are counted, from the date of I-94 expiry (15JUN2011 in my case) or from the date of visa extension application (24MAY2011 in my case)


Regards,
Naeem

Here is the catch. The immigration allows you to stay up to 240 days after filing the extension and when the extension is pending with USCIS. However, if the extension gets denied, then all the time spend in U.S after your I-94 expiry date will be treated as illegal stay. If your stay is illegal for more than 180 days, you can get up to 3 year ban from entering U.S. If your stay is illegal for more than 365 days, then you can get up to 10 year automatic ban. This is why USCIS gives you 6 months time to file the extension before the I-94 expiry date. Better upgrade your case to premium and get the result within 15 days instead of taking unnecessary risk.