Extending I-94

[ZainabSana]

Hi,

I was on H1b & completed 6yrs. My employer has applied for L1A & i appeared for stamping through consular processing @ US embassy in Canada on March 2nd week 2013. I got into admin. processing which they got cleared few weeks back.

I went to Canada to get L1A visa & came back to India since I wanted to enter into US after completing one year (out of country) in March 2nd week this year.
I was given 5 yr. valid visa which expires on Mar 2019 but 14months in I-129S (i.e until Mar 2015). In the visa stamp, it is mentioned as annotation that, I need to show my I-i29S/I-797.

Incase if am entering into US in March (i.e. after completing 1 yr out of stay) . Will I get I -94 validity as per I-129S (i.e. until Mar 2015) or it is upto the officer who can give for more period ?

Incase if am given I-94 until 2015, What are the options for me to extend my stay?

[raghvi]

Hi,

I was on H1b & completed 6yrs. My employer has applied for L1A & i appeared for stamping through consular processing @ US embassy in Canada on March 2nd week 2013. I got into admin. processing which they got cleared few weeks back.

I went to Canada to get L1A visa & came back to India since I wanted to enter into US after completing one year (out of country) in March 2nd week this year.
I was given 5 yr. valid visa which expires on Mar 2019 but 14months in I-129S (i.e until Mar 2015). In the visa stamp, it is mentioned as annotation that, I need to show my I-i29S/I-797.

Incase if am entering into US in March (i.e. after completing 1 yr out of stay) . Will I get I -94 validity as per I-129S (i.e. until Mar 2015) or it is upto the officer who can give for more period ?

Incase if am given I-94 until 2015, What are the options for me to extend my stay?

I am not sure if you should have got a 5 Year visa as you already spent 6 Years on H1 status. L1A can be for max 7 Years, so you should have got L1A for only 1 Year. As for resetting the time period by staying outside , the norm is one applies AFTER staying out of US for one year, not that one applies, gets new visa and then stays outside for 1 Year and this is probably the reason for the annotation.

Irrespective, I believe you would need to show the I129 S at the POE. Its upto the officer to grant I-94 for period more than the I129S but the annotation on the visa might make him/her doubtful.

If you are entering US in March 2014 and if you are given I-94 only till March 2015 then I personally don't see any basis of extending your stay as you would have completed 7 Years. If you enter US in March 2015 and are given I-94 only till March 2015 then probably you can seek 1 more year L1 by filing a new I129S and I539.

This is my opinion not legal advice.

[ZainabSana]

I am not sure if you should have got a 5 Year visa as you already spent 6 Years on H1 status. L1A can be for max 7 Years, so you should have got L1A for only 1 Year. As for resetting the time period by staying outside , the norm is one applies AFTER staying out of US for one year, not that one applies, gets new visa and then stays outside for 1 Year and this is probably the reason for the annotation.

Irrespective, I believe you would need to show the I129 S at the POE. Its upto the officer to grant I-94 for period more than the I129S but the annotation on the visa might make him/her doubtful.

If you are entering US in March 2014 and if you are given I-94 only till March 2015 then I personally don't see any basis of extending your stay as you would have completed 7 Years. If you enter US in March 2015 and are given I-94 only till March 2015 then probably you can seek 1 more year L1 by filing a new I129S and I539.

This is my opinion not legal advice.

Thanks Raghvi. US consulate in Canada gives 5yrs visa irrespective of how many years left. All my colleagues has got 5yr visa only. If am entering US in March 2014, I would have completed 1 yr out of country since I left US in March 2013. I think clock will be reset due to this 1 yr out of country which make me to stay for 7yrs on L1A. Please correct me if am wrong.

Should I've to go out of country to get visa stamp incase if we file I 129S & I 539?

[raghvi]

Well, as I said, even if you stay out for a Year I dont think you are eligible for a fresh 7 Year L1 stay. As I said earlier, I believe the rule say one should apply for fresh visa AFTER 1 year of stay abroad in order to reset the clock. But you applied BEFORE, so I dont think you are eligible even though you are travelling AFTER 1 year. I may be wrong, hence check with an attorney.

This is my opinion not legal advice.

[ZainabSana]

Well, as I said, even if you stay out for a Year I dont think you are eligible for a fresh 7 Year L1 stay. As I said earlier, I believe the rule say one should apply for fresh visa AFTER 1 year of stay abroad in order to reset the clock. But you applied BEFORE, so I dont think you are eligible even though you are travelling AFTER 1 year. I may be wrong, hence check with an attorney.

This is my opinion not legal advice.

Thanks Raghvi. Per my understanding, I will be eligible for 1 yr since am going to travel on my L1A visa after 1 yr out of country. Please correct me incase if am wrong

Your point is correct incase if am traveling on same visa after 1 yr out of country.