L1B Extension, Spouse travels with just few days left to expiry

[aviksamanta012345]

I have a L1B visa and I am currently in US. My visa is valid till 19th April. My company has agreed to file L1 extension (and possibly H1B as well just in case L1 is not extended by USCIS). The problem is, My spouse is in India right now and its just 25 days to her L2 visa expiry. In this scenario, should she travel to the US now with so less validity on her visa? Also, my company said that i will get the L1 receipt only by end of 1st Week of April. Will the DHS question her on her entry to the US or even let her in? If she doesn't travel now, she won't be able to travel beyond 19th because, she won't have a valid visa and i will be here till hearing something from USCIS on the decision. Please let me know the best approach in this situation.

[raghvi]

I have a L1B visa and I am currently in US. My visa is valid till 19th April. My company has agreed to file L1 extension (and possibly H1B as well just in case L1 is not extended by USCIS). The problem is, My spouse is in India right now and its just 25 days to her L2 visa expiry. In this scenario, should she travel to the US now with so less validity on her visa? Also, my company said that i will get the L1 receipt only by end of 1st Week of April. Will the DHS question her on her entry to the US or even let her in? If she doesn't travel now, she won't be able to travel beyond 19th because, she won't have a valid visa and i will be here till hearing something from USCIS on the decision. Please let me know the best approach in this situation.

With L1 extensions taking few months, its advisable that she travels before the visa expiry. The immigration officials would let her in, worst case she would get I-94 only till April 19th, just apply for her L2 extension also before that day.

When is your I-94 expiring? If April 19th then you cannot move to H1 and stay in US continuously without first securing L1 extension.


This is my opinion not legal advice.