L1B visa expiring, i-94 valid

[bipnis]

Hi
My L1 B is expiring on Dec 31st 2012.And my i-94 is valid till April 2015..

1)So do I need to apply for extension of L1B. Or is it Ok to stay and work in US on valid i-94?

2)What if I need to go to India in case of any emergency or something after my visa expires ie AFTER Dec 2012 ..??

3)Can I apply for extension of L1 B (thru employer) while my i-94 is valid?

[kabkaba]

Hi
My L1 B is expiring on Dec 31st 2012.And my i-94 is valid till April 2015..

1)So do I need to apply for extension of L1B. Or is it Ok to stay and work in US on valid i-94?
You can stay and work till the I-94 date.

2)What if I need to go to India in case of any emergency or something after my visa expires ie AFTER Dec 2012 ..??

You will need to get Visa in order to return.

3)Can I apply for extension of L1 B (thru employer) while my i-94 is valid?
Your employer can file for extension up to 6 months before I-94 expiry as long as you have time left in the 5 year limit. Only the time spent in the US in L1 or h1 status counts towards the limit.

See above.

[bipnis]

Thanks kabkaba for the reply..

I am a little unclear about the 3rd q&a.. you mean my employer can file for extension only after Oct/Nov 2014 ??my i-94 is valid till April 16, 2015...

[kabkaba]

Yes, there is nothing to extend until your I-94 date.

[raghvi]

Bipnis, I think you are taking answers by kabkaba to your questions 2 and 3 together. You can stay in US till your I-94 expiry, but if at all you need to go to India after Dec 2012, you would be submitting your I-94 at the airportwhile leaving and you would need to apply for new L1 from India and attend interview at US consulate in India and get your passport stamped again in order to enter US. You cannot file for extension currently as your I-94 is valid till 2015. This is my opinion.

[bipnis]

Thanks kabkaba and raghvi
Now everything is clear ..Thanks

[vivekgoel82]

Hi,

Even I m in the same situation.. my L1B is expiring May 2013, but I have I-94 till Jan 2015.. However, in my case, I complete my 6 years on L1 in May 2013 .. so can i still continue to stay n work in US till my I-94 is valid ???

Thanks,
Vivek.

[rvisak]

no, that would be illegal stay

[raghvi]

L1B is for 5 Years and L1A is for 7 Years, which L1 category do you belong to?If you are on L1B you might have already overstayed and should calculate as to how many years exactly you were in US, if beyond 5 Years, plan to leave as it may give rise to complications in your future extensions or visas. If your are on L1A then you are good till your 7 Year completion. Apart from this, if at all you have to leave the country after May 2013, you will have to get a new Visa stamped in a US consulate abroad and only then you will be able to enter US again. It is your responsibility to not stay beyond the 5 Years or 7 Years based on the L1 category you belong to. This is my opinion, please do consult experts too.

[bipnis]

I was in US for 8 months on L1B in 2007 ..That expired in 2007 itself and my employer filed another L1B in 2010 which is valid now and we are in US ..(2 YEARS AND 3 Months)

Does the previous 8 months L1B is included in the total 5 year L1B time limit ???