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I 94 validity

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  • I 94 validity

    Currently I am on L1B Visa and my I94 expires on Aug 1st. I have applied H1B Visa and It got approved. The petetion has my current I94 number, but it says effctive from Oct 1st 2012.

    Question is - If I stay in US with the same I94 from Aug 1st to Oct 1st will this cause any problem to my Green card process? or any other issues?

    Really appreciate your response..

  • #2
    Yes. You stay in the country will be considered to be illegal from L1 I-94 expiry date until Oct 1st when H1B becomes effective. If you file the L1 extension now, then it may override the H1B approval as per the last action rule and will complicate things. The best option to avoid illegal stay is to leave the country and return back in H1B visa on or after Oct 1st. You should have first filed the L1 extension and then file the H1B based on the L1 extension to avoid these complications.
    Not a legal advice. Use of this information is strictly at your own risk.

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