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L1 Visa Expired - Extension Denied - I94 Valid until 2019

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  • L1 Visa Expired - Extension Denied - I94 Valid until 2019

    Hi All,

    Greetings for the day !!

    Here is the series of events :

    Came to USA on L1B Blanket - Aug'2014
    Visa Expired - Aug'2017
    Visa Extension filed for L1B Individual - Jul'2017 (extension was filed so that i can travel for personal purposes)
    I-94 Validity - Nov-2019 (I traveled to India in 2016 and was given I-94 for 3 years)
    Visa extension rejected - Mar'2018 (case status says I-129 denied, i am yet to receive the detailed explanation)

    Question - Am i legally allowed to stay and work in USA until the expiration date of I-94 i.e. Nov'2019?

    Appreciate all the help.

    Thanks !!

  • #2
    Originally posted by rahulbansal View Post
    Hi All,

    Greetings for the day !!

    Here is the series of events :

    Came to USA on L1B Blanket - Aug'2014
    Visa Expired - Aug'2017
    Visa Extension filed for L1B Individual - Jul'2017 (extension was filed so that i can travel for personal purposes)
    I-94 Validity - Nov-2019 (I traveled to India in 2016 and was given I-94 for 3 years)
    Visa extension rejected - Mar'2018 (case status says I-129 denied, i am yet to receive the detailed explanation)

    Question - Am i legally allowed to stay and work in USA until the expiration date of I-94 i.e. Nov'2019?

    Appreciate all the help.

    Thanks !!
    As far as i know you are considered overstaying since your Visa expired, aug 2017.
    Best to see a lawyer on how to appeal this decision.
    This is my opinion, not legal advice!

    AOS (c9) 2 USC 485/130/131/765
    122017 - PD
    012518 - Biometrics
    033118 - EAD/AP Combo card delivered
    062618 - "Case is Ready to Be Scheduled for An Interview"
    082618 - "we scheduled an interview for your Form I-485"
    090418 - 2nd we scheduled
    091018 - first interview canceled
    092118 - Request to reschedule int
    102318 - Renewal filed EAD/AP
    030819 - EAD/AP Card in hand
    040219 - We canceled your int
    040519 - Int sched
    051419 - Interview
    053119 - approved

    Comment


    • #3
      L1 Visa Expired - Extension Denied - I94 Valid until 2019

      Hi Rahul

      When your I-94 was valid until 2019, how did your company file for extension? USCIS accepts extension applications only 6 months prior to I94 expiry.

      My Visa expires on 30 Mar 2018 but I 94 is until May 2019 and my company lawyers told me that USCIS will not accept the application if we file before Dec 2018. I also researched online about the same.

      Could it be that the extension request is denied because it was filed too early? please let me know what you get in their explanation

      Cheers

      - - - Updated - - -

      Originally posted by boogiewoogie View Post
      As far as i know you are considered overstaying since your Visa expired, aug 2017.
      Best to see a lawyer on how to appeal this decision.
      Isnt I-94 for validity of stay once admitted and VISA for entry at POE? Since his I-94 is valid, how it is considered overstaying?

      Comment

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