L1B Visa and Petition Expired, Valid I-94 and L2 Visa

[spatil]

Dear Experts,

I have a question regarding my Wife's travel to US on below situation,

My L1 Visa Details,
I-94 expires on 05/2016
L1B and I-129 expired on Apr 2014, and my company applied for Petition extension, 1st it went for RFE and then it got rejected,

My Wife's L2 Visa details,
L2 Visa is valid till June 2016 (I guess its rare situation wherein L2 visa validity is more than petition expiration date and L1 Visa validity),

Question,
my wife traveled back to India when Petition extension was under processing, now that i don't have valid petition can she travel back to US with her valid L2 Visa?

following is the response from my attorney,
"USCIS should admit your wife with her currently valid L-2 visa and a copy of your I-94 (along with a marriage license and your recent pay stub/employment verification as evidence that you are still working for same company.) However, as has been discussed with you, there is a chance that USCIS will not admit her without her showing your approved I-129s or I-797. The only alternative would be for you to apply for and obtain a I-797 approval or leave the country and apply for a new Blanket L (recognizing the risk of denial for either application- if the blanket L were denied, you would not be able to reenter the country.) "

I would still like to know other expert opinions.

[raghvi]

Dear Experts,

I have a question regarding my Wife's travel to US on below situation,

My L1 Visa Details,
I-94 expires on 05/2016
L1B and I-129 expired on Apr 2014, and my company applied for Petition extension, 1st it went for RFE and then it got rejected,

My Wife's L2 Visa details,
L2 Visa is valid till June 2016 (I guess its rare situation wherein L2 visa validity is more than petition expiration date and L1 Visa validity),

Question,
my wife traveled back to India when Petition extension was under processing, now that i don't have valid petition can she travel back to US with her valid L2 Visa?

following is the response from my attorney,
"USCIS should admit your wife with her currently valid L-2 visa and a copy of your I-94 (along with a marriage license and your recent pay stub/employment verification as evidence that you are still working for same company.) However, as has been discussed with you, there is a chance that USCIS will not admit her without her showing your approved I-129s or I-797. The only alternative would be for you to apply for and obtain a I-797 approval or leave the country and apply for a new Blanket L (recognizing the risk of denial for either application- if the blanket L were denied, you would not be able to reenter the country.) "

I would still like to know other expert opinions.

Without a valid underlying petition, I don't think you should be working, and if you are not working you would not be in valid L1 status, and if you not in valid L1 status, your spouse cannot come in on L2 status. So I would do as per attorney and leave US and apply for fresh L1/H1 visa outside US.

This is my opinion not legal advice.

[spatil]

Hello raghvi,

appreciate you response, regarding my work, attorney confirmed with message, "According to our records, gentlemen has an I-94 that is valid until May 9, 2016, which allows him to work until that date."

Thanks,

[spatil]

Any Response appreciated

[raghvi]

Any Response appreciated

A valid I-94 allows one to stay. A combination of valid I-94 and valid petition allows one to work for the petitioner. A valid visa allows entry into US. The dates between visa, petition, and I-94 many a times go out of sync as they are issued by different Govt bodies. Its always best if they are kept in sync.
In your own interest I would suggest you take an independent opinion as the employer's lawyer would always side with the employer's wishes.

This is my opinion not legal advice.

[lgoyal]

Dear Experts,

I have a question regarding my Wife's travel to US on below situation,

My L1 Visa Details,
I-94 expires on 05/2016
L1B and I-129 expired on Apr 2014, and my company applied for Petition extension, 1st it went for RFE and then it got rejected,

My Wife's L2 Visa details,
L2 Visa is valid till June 2016 (I guess its rare situation wherein L2 visa validity is more than petition expiration date and L1 Visa validity),

Question,
my wife traveled back to India when Petition extension was under processing, now that i don't have valid petition can she travel back to US with her valid L2 Visa?

following is the response from my attorney,
"USCIS should admit your wife with her currently valid L-2 visa and a copy of your I-94 (along with a marriage license and your recent pay stub/employment verification as evidence that you are still working for same company.) However, as has been discussed with you, there is a chance that USCIS will not admit her without her showing your approved I-129s or I-797. The only alternative would be for you to apply for and obtain a I-797 approval or leave the country and apply for a new Blanket L (recognizing the risk of denial for either application- if the blanket L were denied, you would not be able to reenter the country.) "

I would still like to know other expert opinions.

My L1 Blanket visa is getting expired in Nov, 2017 but PED is on 5 June, 2015 and I-94 is valid till April, 2017
The comment on my passport says : "MUST PRESENT VALID I-797 OR I-129S AT POE"

Need your help to answer below questions:

Do i need to visit a US consulate outside of US and get a new visa stamped again ? OR,
While staying in US, Can i file for the L1 B extension then I don't need to go for Stamping?

[me_shaan]

Your employer needs to file an extension of your petition, and this can be done while you are in US.

[Sch5828]

L1B PED expired, I-94 valid - Can I stay in US?

I came to US on L1B Blanket visa. My L1B PED (Petition Expiry Date) date is Jul 2015 but my I-94 is valid till Mar 2018.
My L1A conversion got denied now.

Questions:
1. Can I continue to stay in US based on my I-94
2. My dependents are currently in India. Can I raise an L2 visa for their travel, based on my I-94 validity
3. Can I raise for L1B extension and continue to stay in US?