L2 dependent stay extension.

[DHANAECE]

HI ,

my husband is in US on L1-B ,which is getting expired in oct 2012 and I -94 is valid till May 2013.
in his company they told he can extend his visa only before 6 months , when the I-94 expires(ie around dec 2012).
i travelled back to india few months back for my delivery.
now am planning to travel back to US with my kid next month(sep 2012)
since i want to be there before my visa expires.

my Q s are

1.will i get I-94 same as my hubby.

2.hw can i extend my stay in US with my husband visa not been filied for extention and with only Valid I-94.

3.can i file I-539 with just 30 days left on my valid visa.

kindly add your valid thoughts...which will really help me to think better on this situation.

[kabkaba]

HI ,

my husband is in US on L1-B ,which is getting expired in oct 2012 and I -94 is valid till May 2013.
in his company they told he can extend his visa only before 6 months , when the I-94 expires(ie around dec 2012).
i travelled back to india few months back for my delivery.
now am planning to travel back to US with my kid next month(sep 2012)
since i want to be there before my visa expires.

my Q s are

1.will i get I-94 same as my hubby.
-- Most probably yes. Sometimes even longer I-94 is given (3 years by default), but remember that if your spouse's L1 I-94 expires, your L2 I-94 does not mean anything.

2.hw can i extend my stay in US with my husband visa not been filied for extention and with only Valid I-94.

-- In case shorter duration is given, you can file I-539 anytime before I-94 expires. (Up to 6 months in advance) You will only need spouse's I-94. Since it must be blanket petition, there will not be any petition expiry date.

3.can i file I-539 with just 30 days left on my valid visa.

-- I-539 needs to be filed (USCIS receipt date) before I-94 expires. Visa has nothing to do with that.

kindly add your valid thoughts...which will really help me to think better on this situation.

See above.

[DHANAECE]

Hi kabkaba, thanks for your opinion:-)

[DHANAECE]

See above.

hi kabkaba, i have one more query related to the previous post.
as mentioned earlier my visa (L2) expires by oct 21 2012.

i have planned to travel US on Oct 1st, if i delay my travel by few days , is this safe ?

can you give your opinion on this? like wat would be the safe window to enter US (with respect to visa expiry).

please advice.

[kabkaba]

Technically you are travel to US in the date of Visa expiry. But if I-94 is given according to Visa expiry, there will be very less time to file I-539. If it comes to that I-539 can be electronically filed and receipt date can be before I-94 expiry, but it is better to avoid that.