L1B expiring but valid I-94 till Dec-2013

[hssiway]

Hi Guys,

This kind of question might have been answered already. But I see a slight difference in my case.

My L1B is expiring in Nov-2012 and I am completing 5 years of L1B Visa term in Nov-2012.

History:I first got L1B visa in Oct 2007. Arrived in US in Nov-2007. In Nov-2010 my L1b extension was rejected and my company applied for new L1B right away. And I got new L1B visa valid up to Nov-2012. But when I re-entered US in Dec-2010, CBP officer gave me I-94 valid up to Dec-2013.

Now my company's visa officers are saying that it is an error and I can not stay and work in US beyond Nov-2012. I really need some good advise and references to make sure that I can stay and work up to Dec-2013. I have read through many blogs and all said that if I have valid I-94 date than I can stay and work in USA.

Please advise.
Thanks

[raghvi]

Hi Guys,

This kind of question might have been answered already. But I see a slight difference in my case.

My L1B is expiring in Nov-2012 and I am completing 5 years of L1B Visa term in Nov-2012.

History:I first got L1B visa in Oct 2007. Arrived in US in Nov-2007. In Nov-2010 my L1b extension was rejected and my company applied for new L1B right away. And I got new L1B visa valid up to Nov-2012. But when I re-entered US in Dec-2010, CBP officer gave me I-94 valid up to Dec-2013.

Now my company's visa officers are saying that it is an error and I can not stay and work in US beyond Nov-2012. I really need some good advise and references to make sure that I can stay and work up to Dec-2013. I have read through many blogs and all said that if I have valid I-94 date than I can stay and work in USA.

Please advise.
Thanks

You should not spend more than 5 Years on L1 even if you have a valid I-94. Check the number of days you have already spent in US. If you havent spent 5 years maybe you can recapture the remaining period. If you have already completed 5 Years on L1B you would have to stay out of US for 1 Full year in order to be eligible for a fresh 5 term. The only way to avoid is to get converted to H1/L1A. Normally people switch to H1B, which gives an extra year and the ability to extend the duration in 1 or 3 year increments, depending on circumstances.

Another option would be to convert to L1A (if possible), which would give you an additional 2 years, but no extension beyond that as L1A is only for 7 Years.

Following this law (5 Years on L1B) is your responsibility. If not followed it can lead to problem in future. This is my opinion not legal advice.

[hssiway]

Thanks Raghvi.

What if my employer files GC through PERM? Can I continue? THe LCA takes about 4 months and than I-140 another 6 months.

[raghvi]

Thanks Raghvi.

What if my employer files GC through PERM? Can I continue? THe LCA takes about 4 months and than I-140 another 6 months.

Employer surely can but on What visa are you going to stay while this processing is going on? You cannot stay on L1B as 5 years is already over, would have to convert to H1 or L1A too in order to continue to legally stay. This is my opinion not legal advice

[hssiway]

"Please be aware, a visa does not guarantee entry to the U.S. Additionally, the visa expiration date shown on your visa does not reflect how long you are authorized to stay within the U.S. Entry and the length of authorized stay within the U.S. are determined by the Customs and Border Protection (CBP) Officer at the port-of-entry each time you travel."

Based on above statement I thought that I-94 is the document that decides my stay in USA. While I have valid I-94 I can also go for H1B in 2013 when the CAP opens.

[raghvi]

"Please be aware, a visa does not guarantee entry to the U.S. Additionally, the visa expiration date shown on your visa does not reflect how long you are authorized to stay within the U.S. Entry and the length of authorized stay within the U.S. are determined by the Customs and Border Protection (CBP) Officer at the port-of-entry each time you travel."

Based on above statement I thought that I-94 is the document that decides my stay in USA. While I have valid I-94 I can also go for H1B in 2013 when the CAP opens.

This is what USCIS says :

"Period of Stay

Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year. All other qualified employees will be allowed a maximum initial stay of three years. For all L-1B employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of five years."

Unless you are a US citizen one needs to be legal as well as in status while in US. Once you complete 5 Years on L1B you are not in any status if in US. If you are not in any status while in US you cannot do a COS to H1. I would suggest you talk to an experienced immigration attorney to get clearer information. This is my opinion not legal advice.