L2 I-94 extension based on L1's I-94 without filing extension for L1 visa

USA L1, L2 Visa
1

Hi,
I am currently working on L2 EAD and below are my details
1 My L2 Visa expiry – Aug 2013
2. My I-94 expiry – Aug 2013
3. Husband’s L1A Visa Expiry – Aug 2013
4. Husband’s I-94 Expiry – Apr 2014
Now can I file my extension of I-94 based on my husband’s I-94 till 2014?
Also Can I file extension at my own(via an attorney) or my husband’s firm can only do that?
Thanks in advance for your feedback.
Anita

2

Yes, your L-2 I-94 extension can be filed on the basis of your husband’s I-94. You or your attorney can do it, but if the employer is ready then you can go through them as well.

3

Thanks much saurabh.
I had conflicting answers to this question on other forums.
I am being told that the L2 I 94 extension can happen ONLY based on L1 visa petition dates which in my husband’s case is Aug 2013.

So I am really confused with conflicting opinions.
Are you aware of such cases wherein L2 I 94 extensions have happened based on L1 I 94 extensions ?

Pl help.

Appreciate again all your help.

4

Anita,

I guess you and your spouse did not travel together hence officer did not know what was your spouse I-94 expiration date so given your I-94 upto VISA expiration date.

The easiest way to do this is that going for I-94 correction with local CBP Deferred office . No need to file any L1 extension or approach attorney.

I did the same thing for my wife. Call local CBP Deferred office for an appointment and go ther with your spouse , request the officer to get the corrected I-94. It will work for sure.

Also, Search for this question in this forum for full details : L2 EAD Procedure ? Is SSN required before applying EAD?

All the best.

5

Anita,
IMO, just the I-94 is enough as the L-1 holder can stay and work until his I-94 expiration date. So you can file extension on the basis of his I-94. I assume his 797 doesn’t have any expiration date and Aug 2013 is only there on the passport.

You can refer to Uma Mahesh’s response for more insights.

6

Hi Anita,
I am also having the same situation. My visa and i94 are expiring in Aug 2013. My husband’s visa is also expiring in Aug 2013. However, his i94 is till Sep 2015.
It will be really helpful if you let me know whether you are going for your i94 extension or not.

Thanks in advance.

7

Hello, The best is way approaching CBP and Correct it. 5 of my friends did the same thing and it worked for all. For more details , you can have a look at my previous comment

All the best

8

Hi UmaMahesh,

My case also same above, that myself and my wife was traveled to US on different date. So my wife got I-94 date up to Visa expiry date, but I am having additional 6 month from my Visa expiry date.

As you advised I called CPB office and explained the situation and requested to extend on my wife I-94 date up to my i-94 date. But that officer told me that they don’t do this and I have to contact USCIS office.

Note: I called Cincinnati CBP office.

Please let me know if i can do anything to extend my wife I-94 date same as that of my I-94 date.

9

Hi I am in the same exact situation and planning to visit Cincinnati CBP office tomorrow… To try that option out. Pls let me know if you have any suggestions for me… What did u end up doing…

10

Team,

I have a question related to L2 I-94 Expiry and EAD Extension

I have almost similar case as yours where my L1 Visa expires in this October, but I-94 expires in 2018
But my spouse and son have their I-94 expiring only this October. Can I file for their I-94 correction without going for an extension on my L1 Visa?

And also can we apply for my wife’s EAD extension once her I-94 is corrected.

Thanks