L1 & L2 Getting expire and I-94 is valid. Possibilities for extensions?

[kumarank20]

Hi,

Request you to provide me the guidance for my below scenario:

My L1 visa and my spouse's L2 visa both gets expire by Oct 2012. But our I-94 is valid till 2015 May.

My organization says that L1&L2 visa extension is not possible now as we are eligible for visa extension only 6 months before I94 expiry.

In this case if we travel to India after Oct 2012 we cannot return back.

Hence, please let us know the possible options to get the L1&L2 visa extension or any alternate ways?

Thanks in Advance
Kumaran

[vd_help]

Hi,

Request you to provide me the guidance for my below scenario:

My L1 visa and my spouse's L2 visa both gets expire by Oct 2012. But our I-94 is valid till 2015 May.

My organization says that L1&L2 visa extension is not possible now as we are eligible for visa extension only 6 months before I94 expiry.

In this case if we travel to India after Oct 2012 we cannot return back.

Hence, please let us know the possible options to get the L1&L2 visa extension or any alternate ways?

Thanks in Advance
Kumaran

Your employer should file for your extension if you have not completed 5 years (in case you have L1B) or 7 years (if L1A) in US. There is no I94 rule as you mentioned above.

[raghvi]

Your employer should file for your extension if you have not completed 5 years (in case you have L1B) or 7 years (if L1A) in US. There is no I94 rule as you mentioned above.

Your Company is right, USCIS recommends "......that you apply no later than 60 days before your I-94 expires. You may also apply up to 6 months before your I-94 expires to have your stay extended." And it is very logical too, since you already have an I-94 valid till 2015 there is no point in asking USCIS to extend your stay. Most of such extension requests get rejected with reason saying "extension not required".

You are allowed to work based on your current I-94 till 2015 provided you don't leave US. What you actually are seeking is a permission to Re-enter US after Oct 2012 which is different from requesting of an extension of I-94. In order for you to return after Oct 2012 you would need a valid Visa stamping on your passport. In your current case this can happen only outside US. Even if you convert to L1A or H1 B , once you leave US after October 2012 you would need to get a new stamping done at a US consulate outside US before returning. You would have to leave US and book a Visa appointment in order to get a fresh Visa. Some people try by going to Canada or a neighboring country, some try to do it in their home country. Each option has own pros and cons. This is my opinion not legal advice

[kumarank20]

Your Company is right, USCIS recommends "......that you apply no later than 60 days before your I-94 expires. You may also apply up to 6 months before your I-94 expires to have your stay extended." And it is very logical too, since you already have an I-94 valid till 2015 there is no point in asking USCIS to extend your stay. Most of such extension requests get rejected with reason saying "extension not required".

You are allowed to work based on your current I-94 till 2015 provided you don't leave US. What you actually are seeking is a permission to Re-enter US after Oct 2012 which is different from requesting of an extension of I-94. In order for you to return after Oct 2012 you would need a valid Visa stamping on your passport. In your current case this can happen only outside US. Even if you convert to L1A or H1 B , once you leave US after October 2012 you would need to get a new stamping done at a US consulate outside US before returning. You would have to leave US and book a Visa appointment in order to get a fresh Visa. Some people try by going to Canada or a neighboring country, some try to do it in their home country. Each option has own pros and cons. This is my opinion not legal advice

Hi Raghvi,
Thanks a lot for your guidance.
It means even if my company applies for my extension it would be rejected with the reason "extension not required".
It means is it possible to give a try and by luck it would be approved? Is there a chance? If rejected still I can continue with my I-94?

Please clarify.

Thanks again.

[raghvi]

Hi Raghvi,
Thanks a lot for your guidance.
It means even if my company applies for my extension it would be rejected with the reason "extension not required".
It means is it possible to give a try and by luck it would be approved? Is there a chance? If rejected still I can continue with my I-94?

Please clarify.

Thanks again.

I guess you didnt understand, you dont need an extension of I-94 as you have I-94 till 2015, and one cannot get a new Visa stamping done while in US. So if your intention is to be allowed entry in US after Oct 2012 without attending an interview with Consular Officer outside US it will not be possible in current circumstances. The only way you can be allowed entry to US after Oct 2012 is if you go outside US get a fresh L1/H1 stamping and return. This is my opinion not legal advice.

[kabkaba]

You can stay and work in the US as long as your I-94 allows.

If you leave the US, you will need a valid Visa and a valid petition to return. Assuming your blanket petition has no expiry date, you can apply for the Visa outside the US using that petition.