L1B extension - I-94 Valid for next 2 years

USA L1, L2 Visa
1

Hi

Please suggest your view on my scenario This will help me decide shall I file the extension or not as my wife’s due date is in July end.

Situation : On L1B Blanket petition validity infinite. workign in us from May 2011 went outside for a month and came back.

Due to this Visa/I-129s valid till August 2013. & I-94 expires Mar-2015

As per USCIS site one should apply 6 month before i-94 expiry. but my company team is saying apply before i-129s validity.

Q1) Is my company team correct?

Q2) If I apply for before I-129s expiry date and it is rejected. Considering result comes around June/July 2013 (Before i-129s date) till what time I can legaly stay?
Q3)Suppose result comes around Jan 2014 then since my I-94 is still valid, will my stay from August 2013 to Nov/Dec 2013 be legal?

Q4) Will filing new L1B any different in this case

Thanks in advance.

2

  1. Your company is just playing in safer side. You can stay here with just I-94.

  2. If it gets rejected you will have to go back immediately.

  3. If result of extension comes in Jan 2014, yes you are legal to stay till that time.

  4. Filing new L1B is just to be on safer side as I said in 1st question. You can travel freely without any tension. You will just have to go for stamping before entering US.

I personally would suggest not to go for extension till your wife delivers and safe to travel with the kid.

3

Thanks a lot.

The main issue is since only 30 odd days are there between due date and last date of i-129s. And all I am trying is to give mother & newborn enough time to be travel ready. and enough time for me to prepare his travel docs.

Since as you mentioned company wants to play safe. they say either u have to leave by ur i-129s date or file extn/new

So considering your answer… shall I apply after say week after delivery. Assuming normal process will take avg 2 months to answer.

If there is any other options in your opinion please share…

thanks

4

I agree with what you just said. Apply after a week and try to convince your company gicing valid reasons like you cannot travel now if extn is rejected and all those.