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L1 expired but I94 valid

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  • L1 expired but I94 valid

    Hi,
    My L1 visa got expired onNov 2011 but my I94 is valid till 2014. Can I continue working in the US since my I94 is valid? My employer has given me a new I129 form and says that I can continue working in the US with the I129 form and I94 form. My wife is on L2 visa and her visa expired at the same time as mine. She is planning to go to India next year and she has to get her visa stamped if she has to come to US again. My employer says that she can get her visa stamped using my I129 form and I94 form. Is this true? Will there be no problems?

  • #2
    Visa is just for travelling you need to have a valid i94 to stay in US legally

    For your wife stamping as you mentioned your approved petition, i94 plus other supporting documents (marriage certificate, pay slips etc) is all you need.

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    • #3
      L2 visa application based on L1 holders I94

      Hello,

      I am pretty much in a similar situation as Shashikant is. Both (myself & wife) our L1/L2 visas have expired in Oct 2011 but we possess I-94's valid till May 2014. My wife (L2 visa holder) is travelling next month to India and intends to go for stamping based on my I-94 and other supporting documents (salary slips, marriage certificate etc) as advised by my employer.

      I am concerned about the situation after seeing the post where Shashikanth has mentioned about his employer issuing an I-129. This is issued only for a fresh petition right? It will be great if you can clarify if your I-129 is for the same L1 visa. If so, I can reach out to my employer to have one processed similarly. Are you also on a blanket visa?

      Please consider this is as urgent. Appreciate if Shashikant and/or anyone else can provide more clarity. Thanks!

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      • #4
        L2 visa application based on L1 holders I94

        If the To Date in your initial I129S is valid at the time of L2 application it would be fine, but it would be best if the L2 visa applicant carries an amended I129S with new dates, I 797 copy, as well as primary L1 I-94 copy, marriage certificate/birth certificate to prove relationship with primary L1, primary L1's pay stubs to prove valid status, a letter from employer stating that you still an active employee should be fine. This is my opinion, please do consult you company attorney and experts too.

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