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Till what date I can come back to US if I am leaving now.My Visa expires in July 2013

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  • Till what date I can come back to US if I am leaving now.My Visa expires in July 2013

    Hi,

    I am here in USA on L2 Visa.

    I have to go back to my home country for some function.

    By what date/time I am allowed to come back to US if I have a valid L2 Visa till July 2013. Also what could be I-94 expiry date?
    My Husband's Visa expiry date is July 2013 but I-94 expiry date is Jult 2014. So can I get the I-94 with same date and year?


    Please do reply.

  • #2
    Originally posted by 123qwe View Post
    Hi,

    I am here in USA on L2 Visa.

    I have to go back to my home country for some function.

    By what date/time I am allowed to come back to US if I have a valid L2 Visa till July 2013. Also what could be I-94 expiry date?
    My Husband's Visa expiry date is July 2013 but I-94 expiry date is Jult 2014. So can I get the I-94 with same date and year?


    Please do reply.
    You can travel as long as your L2 visa is valid i.e. till the date of July 2013. Its recommended to travel at least a month or so before visa expiry so even if you get an I-94 valid only till July 2013 , it gives you enough time to file for extension based on your husband's I-94. Till when you will get an I-94 is something which cannot be predicted as it depends on the Officer at the Port Of Entry when you return. In case you dont get it to match with your husband's I-94 and date is lesser than his I-94, once in US you have to file an extension by providing proof that his I-94 is valid till July 2014. I dont mean to scare you, though rarely, but off late, there have been questions by USCIS on L2 I-94 extensions if primary L1's petition itself has not been extended. This is my opinion not legal advice.

    Comment


    • #3
      To add to the above, you can show a copy of your spouse's I-94 to the CBP officer and request an I-94 that matches it.
      This is my opinion and not legal advice.

      Comment


      • #4
        Originally posted by raghvi View Post
        You can travel as long as your L2 visa is valid i.e. till the date of July 2013. Its recommended to travel at least a month or so before visa expiry so even if you get an I-94 valid only till July 2013 , it gives you enough time to file for extension based on your husband's I-94. Till when you will get an I-94 is something which cannot be predicted as it depends on the Officer at the Port Of Entry when you return. In case you dont get it to match with your husband's I-94 and date is lesser than his I-94, once in US you have to file an extension by providing proof that his I-94 is valid till July 2014. I dont mean to scare you, though rarely, but off late, there have been questions by USCIS on L2 I-94 extensions if primary L1's petition itself has not been extended. This is my opinion not legal advice.

        Thanks for reply.
        I missed to ask one question. Actually I am going for my Pregnancy since I want my baby in my home country. My Another Concern is that whether my baby will get L2 Visa in the month of January/February, since my husband L1 VISA expiry date is July 2013 ( But he will be here till July 2014 which is on I-94 ).

        My Husband's company is going to apply for his L1 Extension in January and if L1 extension fails then Company will apply for H1B in April. In both case will it affect to get L2 Visa for my new born baby and for our return to US.

        Please do reply.

        Thanks in Advance.

        Comment


        • #5
          Till what date I can come back to US if I am leaving now.My Visa expires in July 2013

          Originally posted by 123qwe View Post
          Thanks for reply.
          I missed to ask one question. Actually I am going for my Pregnancy since I want my baby in my home country. My Another Concern is that whether my baby will get L2 Visa in the month of January/February, since my husband L1 VISA expiry date is July 2013 ( But he will be here till July 2014 which is on I-94 ).

          My Husband's company is going to apply for his L1 Extension in January and if L1 extension fails then Company will apply for H1B in April. In both case will it affect to get L2 Visa for my new born baby and for our return to US.

          Please do reply.

          Thanks in Advance.
          Hi Seniors,
          Please do reply.

          Comment


          • #6
            Originally posted by 123qwe View Post
            Hi Seniors,
            Please do reply.
            As long as your spouse is mantaining a valid L1 status your child should not have a problem getting L2 visa. To be on safe side advisable to go for L2 visa for your child much before July 2013 as Visa interview cannot be scheduled based solely on a valid I-94 of L1. You need a valid L1 petition to schedule the visa interview.


            This is my opinion not legal advice.

            Comment


            • #7
              Till what date I can come back to US if I am leaving now.My Visa expires in July 201

              Originally posted by raghvi View Post
              As long as your spouse is mantaining a valid L1 status your child should not have a problem getting L2 visa. To be on safe side advisable to go for L2 visa for your child much before July 2013 as Visa interview cannot be scheduled based solely on a valid I-94 of L1. You need a valid L1 petition to schedule the visa interview.


              This is my opinion not legal advice.
              Thanks.
              But if somehow we do not get valid L1 petition then still will it affect to get L2 visa for my baby? We will ty to get it before Jan 2013.

              Comment


              • #8
                Don't you already have a valid petition at least until July 2013? Your child can apply for L2 Visa based on that.
                Since your spouse's current L1 I-94 expires in July 2013, extension can only be filed up to 6 months in advance (i.e. Feb 2013).
                This is my opinion and not legal advice.

                Comment

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