L1 Visa Expiring !

[Robu]

Hi,

My L1 visa is expiring in May,2010 and my I-94 is valid till May,2011

Can I stay in US till May , 2011, If so do I need to inform USICS or anyone ?


Also ,
My petition cannot be extended because I have completed my 5 yrs but in L1 is there a way to claim the TimeAway from US , the time in this 5 yrs I have stayed in india.


Thanks in advance

[shervin143]

With L1B you can work only for 5 years at a stretch. Beyond that time, you need to be outside the US for one year before being eligible for another 5 years of stay in L1B status. If you are in L1A status, then that period is 7 years.

As of my knowledge, the approval of extension for recapturing the time spent outside U.S for a L1 visa holder is less compared to H1B. However, it is still an option and your company attorney can submit a summary of travel and the number of days spent out of the U.S. along with supporting documentation such as photocopies of passport stamps, Form I-94 arrival/departure records, plane tickets etc to USCIS while applying for the extension based on the time spent outside U.S.

[Robu]

Thanks for the answer but Can i stay in US as long as my I-94 is valid though my Visa has expired ?

[sk4ih]

Yes, of course.
Visa is just an entry permit. Once you enter, nobody cares about visa. I-94 is what matters.

[kittuvish]

Hello,

I have a similar scenario where I travelled to US after almost 9 months of my L1B being stamped. My 5 years of L1B is going to be completed at the end of this year. Could I be eligible to file for another extension based upon my initial 9 month period in India and another 4 month period in India during the work tenure at US?

Thanks
Vishal

[shervin143]

Compared to H1B, it is very hard to recapture the dates on L1. However, you can give it a try. The success rate is less.

[kittuvish]

Thanks for this info.

So in this case would you suggest to file H1 thru my company which should take the period outside of US into account?

Thanks!

[shervin143]

I am not sure if that is possible. However, you can get an extension for another 1 year if you apply H1B, since you have only completed only 5 years.

[ybyb]

Hi~

My 3 year L1B visa will expire early next year. How soon shall I apply for an extension? How long does it take to get the extension?

Thanks,
-YB

[shervin143]

You can apply 6 months in advance of the current I-94 expiry date. It will take at least 2-3 months for the extension to go through via the normal process and 15 days by premium.

[ybyb]

Thanks Shervin