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My L1B visa and petition expiring in 3 months but I-94 is valid for another 2 years..If I stay for another 6-9 months in the US and then go to India for fresh L1B visa application, is there a negative impact on my chances for new visa approval ?
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No it should not impact.Originally posted by bineeshav View Post
L1 is valid only for 5 Years. If you apply for fresh L1 after staying less than 1 Year in India then the current L1's term will get added. So for example, if you spent 40 Months in US on current L1, go back to India and apply for new L1 in less than 1 Year than the next L1, if approved, can be valid only for 60-40 i.e. 20 Months.
This is my opinion not legal advice. -
Thank you for the reply...I can can stay even after my I-129 petition and L1 visa is expired without risking my future fresh visa applications (provided I-94 is valid during the stay)..right ? I see some posts saying its better to return back when I-129 petition and visa is expired even though I-94 is valid.Comment
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The visa expiration date and I-94 date stamped by the CBP officer are different. The expiration date on the visa indicates the time period during which you can travel to the U.S. The date on the I-94 indicates the length of time that you are allowed to stay in the U.S. on that trip.
So you can lawfully stay till the I-94 expiry. Note it only allows you to stay not freely leave /return to US . When one leaves US one should hand over the I-94 to airlines/port. The next time you enter US, if you still have a valid visa, you would be given a new I-94.
The length allowed on a particular status overrides the I-94. Example, L1B is valid only for 5 Years physical stay. So even if you have got an I-94 date beyond, one should not stay more than 5 years on L1B. similarly stay allowed on L1A is for 7 years, H1B is for 6 Years etc.
Of course GC processing can over ride this too.
This is my opinion not legal advice.Comment
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