Can I continue to work in US if L1A extension denied, but I -94 is still valid

[rishipooja]

Hello

My L1A Blanket is visa is expiring in Feb 2013 but my I94 is valid till Nov-2015.

I may have to travel outside US in April so am considering filing for a visa extension so I can re-enter US

I have following questions and would appreciate your advice

1) In case my L1A extension gets denied, can I continue to work in US till 2015 (My I-94 validity) or would the extension denial override my I-94 status and I would have to leave US immediately ?

2) Is is allowed to file a visa extension if your I-94 is still valid ?

Looking forward to your prompt response

Rishi

[raghvi]

Hello

My L1A Blanket is visa is expiring in Feb 2013 but my I94 is valid till Nov-2015.

I may have to travel outside US in April so am considering filing for a visa extension so I can re-enter US

I have following questions and would appreciate your advice

1) In case my L1A extension gets denied, can I continue to work in US till 2015 (My I-94 validity) or would the extension denial override my I-94 status and I would have to leave US immediately ?

2) Is is allowed to file a visa extension if your I-94 is still valid ?

Looking forward to your prompt response

Rishi

You are confusing Visa and I-94. I-94 allows you to stay while in US, Visa allows you to enter US. Both are different things.

While leaving US , you should surrender all I-94 that you have. While re entering you should have a valid visa stamp in your passport. Since your Visa will expire in Feb 2013 in order for you to be able to return to US after Feb 2013 you need to go to a US consulate outside US and get new L1A stamped.

While applying for extension you essentially are asking USCIS that you want to extend your stay in US. This extension request doesnt extend your visa. Extension is applied when one has an I-94 expiring in next 6 Months or less. If applied otherwise USCIS will return the application saying extension not required.

To answer your questions

1. NO you cannot, as you are leaving US. Your I-94 would be surrendered when you leave US in April 2013 and in order for you to return you need a new Visa.
2.If I-94 is valid more than 6 Months in future at time of application USCIS rejects extension requests.

This is my opinion not legal advice.

[rishipooja]

Thanks for your response. Does this imply that extension is not even an option for me and getting a new visa stamped is the only way.

I read in some posts that l1 visa can be extended in terms of 2 years for a total of 7 years. What is that about?

My only intent is to have a approval in hand before i leave the country and relinquish my current i94 status instead of leaving it to the interview and not being able to reenter in case denied. So do i have any other options?

[raghvi]

Thanks for your response. Does this imply that extension is not even an option for me and getting a new visa stamped is the only way.

I read in some posts that l1 visa can be extended in terms of 2 years for a total of 7 years. What is that about?

My only intent is to have a approval in hand before i leave the country and relinquish my current i94 status instead of leaving it to the interview and not being able to reenter in case denied. So do i have any other options?

You dont have any other option. L1 petition/visa can be extended by 2 Years that is L1A can be in totality for 7 Years i.e. 3+2+2 Years but you dont attend the visa interview only if you stay within US and get extension approved. If you leave after visa expiry, you have to attend visa interview after the initial 3 Years/5 years even if extension is approved.

Having an approval in hand still doesnt guarantee a L1A stamping when you attend visa interview after leaving US. It will depend upon the Consular Officer at the embassy abroad.

You can certainly try GC under EB1 category to avoid this hassle but your company should agree for it and getting EB1 for L1As is not as easy as earlier and I doubt the process will complete before your April 2013 travel.

In a nut shell, if you intend to leave US in April 2013, you have to attend visa interview in order to return back.

This is my opinion not legal advice.

[kabkaba]

You must be already having a blanket petition that does not expire, right? What you are calling extension is nothing but a new individual petition. Having that makes no difference to your chances of getting the Visa.