URGENT! L1 - I94 & L2 - I94 differs? Wat next step.. Pls advice

[kumarank20]

Hi
I came to US last month May 2012. My L1-B visa gets expired this Oct 2012, but my I-94 is valid till May 2015.
My wife will be travelling by next month July 2012. If she gets I-94 only till OCt 2012, what is the next step I can do so that we both should stay here?

My L1 cannot be extended now as my I-94 is valid till May 2015.

PLEASE advice..

THANKS
KUMARAN

[shervin143]

Filing the L1 and L2 extension or you leaving the country and returning back with your wife are the only options to get a matching I-94 expiry dates. L2 cannot be extended based on your I-94.

[kumarank20]

Thanks a lot for the reply..

Kindly let me know if this is case i.e.
if my wife has I-94 and visa expiry only till Oct 2012, then she should leave immediately back to India? No other way to stay here?

I heard like L2 can be here till L1 stays in US.. is that true?

The problem is L1-B extension cannot be done now as my I-94 is valid till 2015.... Hence am in confusion..
pls advice..

thanks
Kumaran

[raghvi]

A person cannot stay beyond I-94 expiry. Any stay beyond her I-94 expiry would be considered illegal irrespective whether you are legal or not. An extension of her I-94 can be applied only if the visa is valid, as her visa is dependent on your petition and visa which are also expiring Oct 2012 an extension of her I-94 cannot be filed for her beyond Oct 2012. She would have to leave US if she has I-94 only till Oct 2012. It is not required to file for your L1 extension as your I-94 is expiring in 2015 but in case your spouse's I-94 expires earlier than yours then filing an extension would be the one option, or to travel outside together and return back to get the same date on I-94 the risk with the second option would be that you might end up getting I-94 only till Oct 2012 yourself. Better option would be to file for L1 extension and once extension is approved travel together. This is my opinion, do seek expert help too.

[kumarank20]

Hi Raghvi,

Thanks for you advice.

The major problem is I cannot apply for L1-B extension it seems as my I-94 expires May 2015. Hence, I am confused.
If I can able to apply for L1-B visa extension then i would get a solution..

Also, if my wife gets I-94 only till oct 2012, i caanot apply for L2 extension separately also it seems.......

Pls advice..

Thanks
Kumaran

[shervin143]

Not sure what you mean by "you cannot file the L1 extension". You are technically not required to file the L1 extension as you have got an extended I-94. However, you can certainly file the extension because your petition is about to expire. If your wife gets an I-94 only till Oct 2012, then you can file the L1 & L2 extension together. There is no other way to extend the L2 I-94 other than filing the L1 / L2 extension or leaving and returning back in L1 blanket petition. This is one big problem with L1 blanket petitions. It is always advisable the husband and wife travel together in L1 blanket to get the same I-94. Do consult an attorney on your own to seek more help.

Hi Raghvi,

Thanks for you advice.

The major problem is I cannot apply for L1-B extension it seems as my I-94 expires May 2015. Hence, I am confused.
If I can able to apply for L1-B visa extension then i would get a solution..

Also, if my wife gets I-94 only till oct 2012, i caanot apply for L2 extension separately also it seems.......

Pls advice..

Thanks
Kumaran

[kumarank20]

Hi shervin,
Thanks for the response.
I mean "you cannot file the L1 extension" as follows,
My organization says that L1-B extension can be applied only 6 months before I-94 expiry. Hence, they are not filing extension for me.

Is is that USCIS rule says that L1-B extension can be applied only 6 months before I94 expiry?

Pls advice..

Thanks
Kumaran

[shervin143]

EOS can be filed 6 months prior to the I-94 expiry date or petition expiry date. In most cases, the petition expiry and the I-94 expiry will be the same, so this was never an issue. Only in L1 blanket cases they are considerably different. People have filed L1B extension even though they have valid I-94 for an extened duration for the very same reason as yours.

Give a copy of your I-94 to your wife and she can show it to the officer at the POE and request for an I-94 with the same expiry date. This may or may not work. But it is worth trying. Ask your wife to travel as early as posible rather than close to Oct, so that you will have enough time to plan the next steps if she gets her I-94 only till Oct.

Hi shervin,
Thanks for the response.
I mean "you cannot file the L1 extension" as follows,
My organization says that L1-B extension can be applied only 6 months before I-94 expiry. Hence, they are not filing extension for me.

Is is that USCIS rule says that L1-B extension can be applied only 6 months before I94 expiry?

Pls advice..

Thanks
Kumaran

[kumarank20]

Hi Shervin,

I heard like L2 extension alone can be done based on my wife's I-94 expiry date. Is it like so?
Pls let me know.

other options:
Also, if suppose my wife's I-94 is only till OCt 2012 and is it advisable that me and my wife can travel to canada and return ack with teh same I-94 dates and then apply for extension?

or

i need to travel to india and pick my wife and travel together so that we both will get same I94 dates.. if its too beyond the visa expiry then its good else can apply for extension immediately..

pls advice which is safest one..

thanks