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L1B:Stay Duration is getting exhausted,though have Valid Visa & I-94 for Another Year

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  • L1B:Stay Duration is getting exhausted,though have Valid Visa & I-94 for Another Year

    Dear Sir/Ms.
    I had applied for my first L1-B visa on Jan, 2006, before ending 3 Years I applied for Ext and got the i-94 for another couple of Years, I went back to India before compilation of L1-B’s 5 Years(Actually around after 4 Years).
    I applied for another fresh L1-B visa on Feb 2011( After 6 Month of India reaching) , I got the 3 Year Visa and I traveled to USA, As of now I am at USA and have valid Visa and I-94 till 2014.
    My 5 Years are getting expired on May ,2012. Following are my questions/confusions. (I did not have break of One Year outside USA, which is required to reset the clock.)
    1. Can I legally stay beyond May, 2012. ( I have valid Visa & I-94 till 2014)?
    2. What’s the consequence if I stay beyond May, 2012, would it’s be me or my company which is liable for any wrong doing.
    3. Would Stay beyond 5 Year have any impact on my future visa applications?


    Thanks in Advance.

  • #2
    [*]Can I legally stay beyond May, 2012. ( I have valid Visa & I-94 till 2014)?
    >>> No. It is your responsibility to follow the rules. The extended I-94 that you have received is a mistake and if USCIS figured out that you overstayed beyond the 5 year limit, it can cause issues later. It is better to be safe and follow the L1B regulations.

    [*]What’s the consequence if I stay beyond May, 2012, would it’s be me or my company which is liable for any wrong doing.
    >>> Your company has nothing to loose here. Your immigration records will get messed up if figured by USCIS or the consulate.

    [*]Would Stay beyond 5 Year have any impact on my future visa applications?
    >>> Yes, it can have impacts and if figured out that you haven't followed the L1 regulations, a ban can be imposed on you from entering U.S for certain number of years.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Clarification needed

      Similar case with me. What if I apply for H1B before the 5yr limit completes? If the H1B is approved, can i stay for more than 5 yrs in US (L1 + H1B combined)?

      Comment


      • #4
        No. H1B + L1 in total is for 6 year only unless you have the GC PERM filed 365 days prior to the end of the 6th year or both PERM and I-1540 gets approved before the end of the 6th year. Even if USCIS approves the petition by mistake for more than 6th year, it is your responsibility to follow the immigration rules. Otherwise, if identified later will cause unnecessary issues.

        Originally posted by Sandynair View Post
        Similar case with me. What if I apply for H1B before the 5yr limit completes? If the H1B is approved, can i stay for more than 5 yrs in US (L1 + H1B combined)?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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