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Stay after I94 Expiry (While L1 extension is pending)

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  • Stay after I94 Expiry (While L1 extension is pending)

    Hi,

    My L1 visa & I94 are getting expired in next 20 days. My company has applied for visa extension around 15 days back in normal processing. Based on current approval rates it seems my approval might take another 2 months or so.
    I know that if i get a approval notice even after 2 months (after i94 expiry) entire my stay would be considered Valid.
    But In case if i get a Denial notice after 2 months what happens to my stay after i94 expiry date (2 months) does it considered Out of Status? Or Only dates AFTER denial notice date considered as Out of Status?
    Will this overstay Out of Status period effect any of my future GC processing or even L1 filing?
    Usually maximum how many days overstay will not effect GC processing in future?
    Please suggest.

  • #2
    My L1 visa & I94 are getting expired in next 20 days. My company has applied for visa extension around 15 days back in normal processing. Based on current approval rates it seems my approval might take another 2 months or so.
    I know that if i get a approval notice even after 2 months (after i94 expiry) entire my stay would be considered Valid.
    But In case if i get a Denial notice after 2 months what happens to my stay after i94 expiry date (2 months) does it considered Out of Status? Or Only dates AFTER denial notice date considered as Out of Status?
    >>> It is considered as illegal stay starting from your old I-94 expiry date. Out of status is when you have a valid I-94, but you are not working and getting paid. Illegal stay is when yo do not have a valid I-94 to stay inside the country at the first place. This is why USCIS gives you 6 month time to file the extension. Waiting until the last minute is like taking a big chance.

    Will this overstay Out of Status period effect any of my future GC processing or even L1 filing?
    >>> Yes, it can.

    Usually maximum how many days overstay will not effect GC processing in future?
    >>> Even a single day of overstay can cause issues based on the officer who is handling your case. If yoour employer agrees, they can even now upgrade the case to premium.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks Shervin. My company may not upgrade to Premium as they are not loosing any thing and i am working and billed till i get the result.
      Its sad that employee has to face future (visa/gc) issues becaz of current comapny filed extension at last stage.

      Comment


      • #4
        True. There are lot of companies (especially indian companies) follow this policy of filing the extension at the last minute. It will directly affect the employee if the extension is denied and no harm is done to these scumbag employers. They will never change unless USCIS makes these companies accountable for the late filing.

        Originally posted by L1extstay View Post
        Thanks Shervin. My company may not upgrade to Premium as they are not loosing any thing and i am working and billed till i get the result.
        Its sad that employee has to face future (visa/gc) issues becaz of current comapny filed extension at last stage.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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