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Ncaralap
08-10-2011, 06:48 PM
Hi,

I have a situation where I am stuck without knowing how to proceed further. My I94 expiration date is way beyond my VISA expiration date. But my family is not with this case. My wife's and daughter's I94 and VISA expiration dates are same. So myself and my family are planning to continue our stay at US. And we are here on a common pretition (L1B) from my company that has an indefinite validity.

So now I am not sure whether we all three have to file for VISA extension or only my wife and daughter alone has to apply for VISA extension.

Could someone please Suggest me on this how to proceed further. I am enclosing few details below.

My VISA expiration date: Oct 10 2011
My I94 expiration date: Jun 24 2013

My Wife VISA expiration date: Oct 10 2011
My Wife I94 expiration date: Oct 10 2011

My Daughter VISA expiration date: Oct 10 2011
My Daughter I94 expiration date: Oct 10 2011


Any help in this regard is greatly appreciated.

Thanks,
Nag

shervin143
08-10-2011, 11:07 PM
Your wife and daughter cannot get their status extended until your L1 petition gets extended. They cannot extend their status based on your valid I-94. Your visa expiry date doesn't matter. Your L1 petition expiry date is what is important.

maverick_amit
08-11-2011, 12:37 AM
[shervin143]
Your wife and daughter cannot get their status extended until your L1 petition gets extended. They cannot extend their status based on your valid I-94. Your visa expiry date doesn't matter. Your L1 petition expiry date is what is important.

I beg to differ here. I've heard of cases like this before. I'm sure what might have happened here is that Nag travelled without and b4 his family and he got a 3 yr valid I-94. But later wen his family travelled, unfortunately they got an I-94 which had just visa expiry date (Nag - Correct me if wrong). So either his wife should have told the authorities right there at the airport that husbands I-94 date is different and they should give her that I-94 date rather. Now she didnt do this, nag still has an option to file for I-94 extension for his family, and this should be done asap.

Nag - Looks like you entered US on Jun 24 2010, but your family has entered recently? Can you tell me what was your POE and what was theirs?

Admins/Senior Members - I'm sure its a very common case. Any suggestions to help Nag?

shervin143
08-11-2011, 01:13 AM
It doesn't work that way. Usually when a person enters in L1 blanket, he/she will usually get a I-94 for 3 years irrespective of the petition validity. If the family travels along with the primary applicant, then they will also get the I-94 same as the primary applicant's I-94. In this case, the family would have traveled later and would have end up getting an I-94 only till the petition expiry date. There is no way to file an extension based on the primary applicant's I-94. The extension for the dependents can be filed only based on a valid petition. So unless the primary applicant gets his petition extended, the L2 extensions won't get approved. Search for old posts that discusses this very same issue on L1 blanket.


[shervin143]
Your wife and daughter cannot get their status extended until your L1 petition gets extended. They cannot extend their status based on your valid I-94. Your visa expiry date doesn't matter. Your L1 petition expiry date is what is important.

I beg to differ here. I've heard of cases like this before. I'm sure what might have happened here is that Nag travelled without and b4 his family and he got a 3 yr valid I-94. But later wen his family travelled, unfortunately they got an I-94 which had just visa expiry date (Nag - Correct me if wrong). So either his wife should have told the authorities right there at the airport that husbands I-94 date is different and they should give her that I-94 date rather. Now she didnt do this, nag still has an option to file for I-94 extension for his family, and this should be done asap.

Nag - Looks like you entered US on Jun 24 2010, but your family has entered recently? Can you tell me what was your POE and what was theirs?

Admins/Senior Members - I'm sure its a very common case. Any suggestions to help Nag?

maverick_amit
08-11-2011, 04:09 AM
Few questions:
1) Does the L1B blanket petion necessarily expire with visa expiration? Like in my case the L1-B Blanket was issued to my org on 2004 but it says 'Valid Indefinitely'? although my visa expires sometime next year

2) In case the petion is valid after expiration, dont you think his family (wife) could have asked the authority right there at the airport to give her I-94 date matcghing her husbands?

IMHO, if they have allowed the dependant to be there with the primary one, it doesn't make any sense to give them an I-94 have date any lesser than the primary. Isnt it?


Posted by :[shervin143]It doesn't work that way. Usually when a person enters in L1 blanket, he/she will usually get a I-94 for 3 years irrespective of the petition validity. If the family travels along with the primary applicant, then they will also get the I-94 same as the primary applicant's I-94. In this case, the family would have traveled later and would have end up getting an I-94 only till the petition expiry date. There is no way to file an extension based on the primary applicant's I-94. The extension for the dependents can be filed only based on a valid petition. So unless the primary applicant gets his petition extended, the L2 extensions won't get approved. Search for old posts that discusses this very same issue on L1 blanket.

Ncaralap
08-11-2011, 12:56 PM
Actually it is the same case with me too. The L1-B Blanket petition was issued to my org on 2007 but it says 'Valid Indefinitely'. So is there a chance that I could get new I-94s from airport authority by voiding the current I-94s (expires Oct 2011) for my wife and daughter based on my I-94 (expires Jun 2013) and a copy of my org's petition?

shervin143
08-11-2011, 01:32 PM
1) Does the L1B blanket petion necessarily expire with visa expiration? Like in my case the L1-B Blanket was issued to my org on 2004 but it says 'Valid Indefinitely'? although my visa expires sometime next year
>>> Not all L1 Blanket petitions are issued with an expiration date of 'Valid Indefinitely'. Just because your company got one, it doesn't mean it is the same case with all the companies. The petition deosn't expire just because the visa expires.

2) In case the petion is valid after expiration, dont you think his family (wife) could have asked the authority right there at the airport to give her I-94 date matcghing her husbands?
>>> If the petition was indeed valid for a longer duration, then the family should have got the I-94 for a longer duration, unless their passports were expiring soon. What do you think might be the reason for issuing a I-94 for a duration less than the petition. In case of L1 blanket, irrespective of the petition expiry date, the officers at the POE in most cases issues an I-94 for 3 years. In such case, the primary applicant got the I-94 for 3 years even though the petition isn't valid for that long, but the dependents who travelled later did not. If the L1 blanket petition is valid for a longer duration, then what is the issue in filing the L2 extensions now or just leave the country and re-enter to get a new excextended I-94 at the POE?

kumarank20
06-18-2012, 11:49 AM
Hi Nag,

Pls let me know how did u handle your issue last year?

As i ma laso facing the same issue right now ..

My visa expiry is - OCt 2012 and I-94 expirty is May 2015.

My wife will be travelling next month by July.. I am worrying wat I-94 she would get ..

If she gets only till OCt 2012.. what is the best and safest way to proceed?

pls advice

Thanks
Kumaran

Jaggiramanan
06-20-2012, 08:31 PM
Hi Everyone,

I'm facing the same issue. My Blankett L1 is coming up for renewal in the next few months (1st renewal)

My I94 is valid till 2014. I just entered US back in Jan this year. Since me & my wife travelled in different dates my wife got her I94 end date same as Visa date.

What should be my next steps ? Is going for a visa renewal is the only choice ? will Reentry into US work ? We anyways have plan to visit our friends in Canada.

shervin143
06-20-2012, 08:40 PM
Re-entry with your dependents can work to get matching I-94 expiry dates. Make sure you return all your I-94s when you leave and get a new one upon your return (When you visit Canada for a short duration, they will ask you to use the same I-94). Do this with enough time before your current L1 blanket petition expires. That way, if the I-94 is given only till the petition expiry date, you will have time to file the extension.


Hi Everyone,

I'm facing the same issue. My Blankett L1 is coming up for renewal in the next few months (1st renewal)

My I94 is valid till 2014. I just entered US back in Jan this year. Since me & my wife travelled in different dates my wife got her I94 end date same as Visa date.

What should be my next steps ? Is going for a visa renewal is the only choice ? will Reentry into US work ? We anyways have plan to visit our friends in Canada.

vinaytripathi
12-13-2012, 07:09 PM
Re-entry with your dependents can work to get matching I-94 expiry dates. Make sure you return all your I-94s when you leave and get a new one upon your return (When you visit Canada for a short duration, they will ask you to use the same I-94). Do this with enough time before your current L1 blanket petition expires. That way, if the I-94 is given only till the petition expiry date, you will have time to file the extension.

Hi I have a similar issue which i need some help on. I have a L2 visa and on my visa the PED date is set to June 2013. When i entered the custom have entered by I-94 expiry as June 2013. My wife of whom i am a dependant does not have a PED date and her I-94 is still Novermber 2015. I need to apply for my EAD and cause of which this is causing a problem. Can anyone advise, if i should have this rectified by the Deferred inspection office?

himanshubhansali
12-27-2012, 05:50 PM
I have little complicated situation. My L1-A Visa and i-94 was expired on November 30, 2012. I am still in US. Please note:

1. Extension for L1-A was filed in August-12 but got an RFE and then finally got a Denial on November 12, 2012.
2. Filed an Appeal immediately against this Denial notice with the help of Attorney which is currently active.
3. Also filed a new Petition for L-1A with Premium Processing on November 19, 2012. So everything was filed when I was in status. Received RFE again which was replied back on December 1, 2012 with support of an Expert's letter (A Senior Management Professor).
4. Again received a denial notice on new application and now I don't know what to do. It is still showing online that Premium processing has been stopped and notice has been sent but my attorney got a denial notice.

Both times, the reason stated for the denial is " US Job Position duties are not consistent with those typically performed by someone in a Managerial or Executive position." Please note that job description was not changed in last one year when they have given me an approval for the first time.
Another reason for the denial is " the Bachelor's or higher degree is not required for performing the job duties mentioned". Again none of my qualification changed in last 1 year. So only question to USCIS is that if they had these issues then why they have given an approval for the first time.

Please answer my questions if you can and help me.
1. Shall I have to leave the country immediately?
2. What are other possibilities to come back.
3. US company is 100% owned by an Indian Company and they want me to be present here.
4. Going to local Senate Member or State Governor is a good idea?


Your help is highly appreciated.


Hi Nag,

Pls let me know how did u handle your issue last year?

As i ma laso facing the same issue right now ..

My visa expiry is - OCt 2012 and I-94 expirty is May 2015.

My wife will be travelling next month by July.. I am worrying wat I-94 she would get ..

If she gets only till OCt 2012.. what is the best and safest way to proceed?

pls advice

Thanks
Kumaran