L1A visa valid but i94 expiry date is prior to it... how to extend i94

USA L1, L2 Visa
1

Dear Friends,

Need your help desperately as My case is very rare…

Am in L1A visa that is valid till Sep 2014 but I was given i94 until Oct 2013 based on old Passport validity date when I entered in 2012 but now I got new passport and asked my employer on how to extend it, options given by employer are.

  1. Try visiting local Deferred Petition center asking them to correct --> went to extend i94 as correct and that Officer said it can not be corrected as its was correct at that time (as per old passport) and no mistakes as such to correct and ASKED me to file i129 thru USCIS

  2. Leave US and re entry (may be Canada // Mexico)

Since option 1 is not working and filling i129 is like a risky option as it can lead to rejection nowadays with any L1 filling (my case it should not be as i have visa until Sep 2014 but still I was advised by employer to avoid filling).

Having said this if I use option 2 to leave US and reentry to get a new i94, will it work fine ?

Kindly advise and appreciate your help.

Regards,

Manoj

2

Option 2 works only when you leave US(and entering Canada and Mexico) for more than 30 days. Else, I-94 will not be taken at exit.

3

Thank U Sir, appreciate your help!!!

4

I went to Mexico on 2 days trip last week and got i94 extended as of my visa validity date…
I took UA to Mexico GDL, at the time of issuing ‘Boarding Pass’ he did not take my i94 but then i told him to take it but that officer said no need to take if its <30 days, I got worried and told him ‘am going out specifically to get a new i94 and my visa is valid for next 1 year’, Thank God he collected it and on return in SFO port of entry that officer asked few basis question as - why you went to Mexico, who is your employer, what do you do, how long you stayed etc and then issued it as of Visa validity date.