Blanket L1B I94 expires before Petition

[HBenjamin]

Hello Everyone,

Thanks for viewing my post.

Here is my case, I am holding Blanket L1B visa and My wife L2. Since it is a blanket L1B, the I797 does not have a expire date. The I129S has date from Oct/15/2010 to Oct/14/2013.

We went to visa stamping and got the Visa as Nov/30/2010 to Nov/28/2012. Entered US on Jan/31/2012, as per my knowledge, the I94 usually should be Jan/30/2014(3 years added on the entry date). But the officer only asked 1 question:"When is your first time come to US?' I replied this is the first time and she gave the I94 as Visa expire date Nov/28/2012.

So my question is that as my I94 expires within 3 months, as per my knowledge, there should be 2 ways. 1. submit an extension. 2 depart US and re-enter again. My employer filed the extension but unlucky today I was noticed an RFE has been raised for my case. So can I travel to neighour country to get a new I94(Jan/30/2014)? Or there is an better way to get my I94 tagged to Jan/30/2014?

Regards,
Ben.

[raghvi]

Hello Everyone,

Thanks for viewing my post.

Here is my case, I am holding Blanket L1B visa and My wife L2. Since it is a blanket L1B, the I797 does not have a expire date. The I129S has date from Oct/15/2010 to Oct/14/2013.

We went to visa stamping and got the Visa as Nov/30/2010 to Nov/28/2012. Entered US on Jan/31/2012, as per my knowledge, the I94 usually should be Jan/30/2014(3 years added on the entry date). But the officer only asked 1 question:"When is your first time come to US?' I replied this is the first time and she gave the I94 as Visa expire date Nov/28/2012.

So my question is that as my I94 expires within 3 months, as per my knowledge, there should be 2 ways. 1. submit an extension. 2 depart US and re-enter again. My employer filed the extension but unlucky today I was noticed an RFE has been raised for my case. So can I travel to neighour country to get a new I94(Jan/30/2014)? Or there is an better way to get my I94 tagged to Jan/30/2014?

Regards,
Ben.

3 Years I-94 for L1B was generally the norm but was never the rule. The officer at POE have the power to give a lesser I-94 then 3 Years . Travelling out of country while extension is pending is not a fool proof solution as you have only Nov 2012 to do so. You will have to withdraw the extension request as it was filed with your old I-94 and in case you get a new I-94 then you would not need the extension. An approval of extension is the safest and surest way of getting a future dated I-94. This is my opinion not legal advice.