come back usa with 1 week valid L1B visa

I came to US on 07-Aug-2011 on L1B visa and I got 3 years I94 up to 06-Aug-2014

My Visa expiry date 24-Feb-2014.

Since my wife travelled separately, she got her i94 same as her visa expiry date 24-Feb-2014. I wasn’t have any plan to go India so I applied I539 petition to extend my wife’s i94 date up to my i94 which is in initial review status with USCSI.

Because of family emergency my wife has to travel India in first week of January 2014 and she will be there up to 13-Feb-2014. I am also going to India first week of Feb-2014. We have planned to come back to USA on 14-Feb-2014.

This is first time we are leaving out of US

My total stay in US 2 years 6 month

My wife total stay in US 2 years

Since there will be 1 week L1B visa left over when we come back,

        Will there be any question on Indian immigration during departure in India?

        Will there be there any chance of getting extended i94 date, least a month or so,  so that I can get time to apply L1B extension?  or we will be left with i94 date equal to visa expiry date?  In that case will I get chance to request  CBP officer to explain the situation.

        Also what would be the i539(L2 status extension) petition status since my wife going out of US will that be abandoned or that will be still valid?  Will this cause any issue while comeback?

        Is this advisable to return US with 1 week valid L1B visa?

I am looking for your advice on my situation, please help me to get these questions clarified.



  1. I don’t think there will be additional questions during Indian immigration b/c of this.

  2. Yes, they can give you an extended I-94 of 3 years when you enter US. It will depend upon officer’s discretion. You can request for 3 years but don’t push it too hard. As it is not a law to give 3 years stay, you cannot quote any rule etc. Check w/ attorney about how to frame your request.

  3. It will be abandoned

  4. You will be allowed entry. If you don’t get 3 years stay, then your employer should be willing to file for L-1 extension as soon as you enter US (within that 1 week).