Urgent Help: B1/B2 Visa while waiting for the L-1

[vrack09]

Hello, I have a question that has been killing me.

I am in the US in a B1/B2 visa. I have just applied for the L-1 (regular processing), the receipt (first I-797) has not arrived yet.

My I-94 expires on May 20th. I just called USCIS and explained them the situation and they said that it's ok to stay here with the void I-94 as long as I have filled for the L-1 prior to my I-94 expiration.

Should I file a I-539 and ask for an extension of my B1/B2 so that I can wait for the L-1 processing while on an extended B1/B2? Would that hurt my L-1 filling? If not, I will be waiting for the processing time with an expired I-94 - and I am not sure if they will let me renew my drivers license with the receipt (I-797).

Thank you so much to anyone who can help me with this!

[raghvi]

Hello, I have a question that has been killing me.

I am in the US in a B1/B2 visa. I have just applied for the L-1 (regular processing), the receipt (first I-797) has not arrived yet.

My I-94 expires on May 20th. I just called USCIS and explained them the situation and they said that it's ok to stay here with the void I-94 as long as I have filled for the L-1 prior to my I-94 expiration.

Should I file a I-539 and ask for an extension of my B1/B2 so that I can wait for the L-1 processing while on an extended B1/B2? Would that hurt my L-1 filling? If not, I will be waiting for the processing time with an expired I-94 - and I am not sure if they will let me renew my drivers license with the receipt (I-797).

Thank you so much to anyone who can help me with this!

I would not advise filing an I539 for B1/B2 extension when already applied for B1/B2 to L1 COS. Also, merely filing I539 for B1/B2 would not entitle you for a driver's licence extension. Advisable instead to upgrade the L1 request to premium.

This is my opinion not legal advice.

[vrack09]

I would not advise filing an I539 for B1/B2 extension when already applied for B1/B2 to L1 COS. Also, merely filing I539 for B1/B2 would not entitle you for a driver's licence extension. Advisable instead to upgrade the L1 request to premium.

This is my opinion not legal advice.

Hi, thank you so much for your reply, Raghvi!

I did not know you could upgrade it after filling it.

Would you wait inside the US with your I-94 void while they process the regular L-1? Is that in anyway illegal?

Thank you again!

[raghvi]

Hi, thank you so much for your reply, Raghvi!

I did not know you could upgrade it after filling it.

Would you wait inside the US with your I-94 void while they process the regular L-1? Is that in anyway illegal?

Thank you again!

I would not advise awaiting the outcome if filed under regular. As I said, upgrade to premium to get clarity and to avoid out of status/illegal stay.

This is my opinion not legal advice.