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Stay beyond 5 years on L1 B blanket visa

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  • Stay beyond 5 years on L1 B blanket visa

    I have L1 B blanket visa currently. My first visa was stamped in Sep 2007 which had a validity till sep 2010. But I visited to India in July 2010 and I got a I-94 dates till July 2013.
    But as my visa expired in 2010 I went back to India in April 2011 and got it stamped and renewed again.
    But this time USCIS stamped my visa till April 2014 and my I-94 dates are also April 2014.

    But as my total 5 years of stay in United States will end in April 2013 . Can I stay beyond that date with a valid I-94 and Visa stamp Or should I apply for H1 to stay beyond that date . \
    Because if I go with I -94 and visa dates then my stay will be around 6 years in US on L1 visa.

    Please suggest.

  • #2
    Even if a longer I-94 was given by mistake, you should calculate your duration of stay in the US in L1 status and leave or change status before you stay for 5 years.
    This is my opinion and not legal advice.

    Comment


    • #3
      But I do have a valid L1B visa stamped till 2014 . I checked with USCIS local office and they told as I have valid I-94 and stamped visa I have both valid things to stay and work . But all other places it says max stay of 5 years so was not sure .

      Comment


      • #4
        L1B is for 5 years. Staying in L1B beyond the 5th year is against the L1B regulation. It is your responsibility to follow the law even if the visa / I-94 was issued by mistake for more than the specified duration.

        Originally posted by sgupta1504 View Post
        But I do have a valid L1B visa stamped till 2014 . I checked with USCIS local office and they told as I have valid I-94 and stamped visa I have both valid things to stay and work . But all other places it says max stay of 5 years so was not sure .
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Thanks all for your inputs. But I went to my local USCIS office and firstly told me that as I have valid document i.e. visa and I94 I can stay and nothing is happened by mistake .
          They said things practically are different than in theory.

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          • #6
            Well, you might face problems with the future visa/gc processes, if you overstay.

            Comment


            • #7
              You should consult an attorney. Unless USCIS gives you something in writing or an experienced attorney advises you (again in writing if possible) that you can stay, you should not take the risk. Having something in writing leaves you open to acting in good faith defence.
              This is my opinion and not legal advice.

              Comment


              • #8
                hi,i am in the same situation as you are.i completed 5 yrs on L1 B in june 2012...but i have both visa and I94 till august 2013..
                Are you planning to stay in the US till 2014 i.e complete 6 yrs on L1 B visa?
                I am also worried whether overstaying will affect my future visa processing...

                Originally posted by sgupta1504 View Post
                I have L1 B blanket visa currently. My first visa was stamped in Sep 2007 which had a validity till sep 2010. But I visited to India in July 2010 and I got a I-94 dates till July 2013.
                But as my visa expired in 2010 I went back to India in April 2011 and got it stamped and renewed again.
                But this time USCIS stamped my visa till April 2014 and my I-94 dates are also April 2014.

                But as my total 5 years of stay in United States will end in April 2013 . Can I stay beyond that date with a valid I-94 and Visa stamp Or should I apply for H1 to stay beyond that date . \
                Because if I go with I -94 and visa dates then my stay will be around 6 years in US on L1 visa.

                Please suggest.

                Comment

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