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L1B VISA Valid Till Sept'2016 but i-94 expired On June'2015, extension in RFE

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  • L1B VISA Valid Till Sept'2016 but i-94 expired On June'2015, extension in RFE

    Hi,
    my L1B VISA is Valid Till Sept'2016 but i-94 expired On June'2015 (due to my passport validity)

    My employer applied L1B extension on Feb'2015 after my passport was renewed but USCIS has moved my application to RFE.

    Status update from USCIS is:

    we suspended processing of your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number YYYY YYYY , because we need more information from you.

    My question is:

    1) Do the employer needs to apply for L1B extension for i-94 expiry even when the VISA is valid ?
    2) What are my chances if my RFE response is rejected by USCIS ? can I exit and re-enter as I have valid Visa till Sept'2016 ?
    3) Any idea what is the success rate for getting the L1B extension approved in this case ?

  • #2
    Originally posted by Ramesh Babu Radhakrishnan View Post
    Hi,
    my L1B VISA is Valid Till Sept'2016 but i-94 expired On June'2015 (due to my passport validity)

    My employer applied L1B extension on Feb'2015 after my passport was renewed but USCIS has moved my application to RFE.

    Status update from USCIS is:

    we suspended processing of your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number YYYY YYYY , because we need more information from you.

    My question is:

    1) Do the employer needs to apply for L1B extension for i-94 expiry even when the VISA is valid ?
    2) What are my chances if my RFE response is rejected by USCIS ? can I exit and re-enter as I have valid Visa till Sept'2016 ?
    3) Any idea what is the success rate for getting the L1B extension approved in this case ?

    You need not apply for L1B extension since your visa is valid till Sept 2016, you can go out of US and reenter and you will get i-94 extended automatically..

    Comment


    • #3
      I am in same situation. Please advice

      Originally posted by rohitk123 View Post
      You need not apply for L1B extension since your visa is valid till Sept 2016, you can go out of US and reenter and you will get i-94 extended automatically..
      I returned from India last month. Since my passport was expiring in August, immigration stamped for 9th Aug. Now I see my I-94 is changed to 9th Aug instead of original 2017. I am applying for passport renewal. What do I need to do for I-94 update. I talked with BLS passport San Francisco and they said it will get updated automatically but uscis.gov/i-129 site confuses me. What should I do after passport renewal..

      Comment


      • #4
        Originally posted by Prem Kumar Shaw View Post
        I returned from India last month. Since my passport was expiring in August, immigration stamped for 9th Aug. Now I see my I-94 is changed to 9th Aug instead of original 2017. I am applying for passport renewal. What do I need to do for I-94 update. I talked with BLS passport San Francisco and they said it will get updated automatically but uscis.gov/i-129 site confuses me. What should I do after passport renewal..
        Till when is your H1 visa, I797 and I129 valid?

        Comment


        • #5
          Originally posted by raghvi View Post
          Till when is your H1 visa, I797 and I129 valid?
          I am on L1B visa and I-129 & I-797 is valid till oct 2017 but I-94 expires on passport expiry date of 9th Aug 2015. When I came here first time in Nov, I-94 had 2017 expiry date. It was set to passport expiry after I went and return fro. India in June. Please suggest.
          Last edited by Prem Kumar Shaw; 06-24-2015, 12:42 PM.

          Comment


          • #6
            Originally posted by Prem Kumar Shaw View Post
            I am on L1B visa and I-129 & I-797 is valid till oct 2017 but I-94 expires on passport expiry date of 9th Aug 2015. When I came here first time in Nov, I-94 had 2017 expiry date. It was set to passport expiry after I went and return fro. India in June. Please suggest.
            You have three options after passport renewal:

            1. Visit nearest CBP office and explain them, they normally would re issue a new I-94.
            2. File form I539 to extend stay.
            3. Leave US and re enter on new passport by carrying both old and new passports.

            This is my opinion not legal advice.

            Comment


            • #7
              I am in the same situation.

              Hi Prem,
              I am in the same situation. I got Admit Until Date : 25-Aug-15 as my passport was expiring but my VISA is valid till Sept 2016.
              Please let me know the option you selected and what is the outcome of it?

              Regards
              Mukesh

              Comment


              • #8
                Got my I-94 extended

                Originally posted by cmukesh View Post
                Hi Prem,
                I am in the same situation. I got Admit Until Date : 25-Aug-15 as my passport was expiring but my VISA is valid till Sept 2016.
                Please let me know the option you selected and what is the outcome of it?

                Regards
                Mukesh
                Hi All

                Just go to CBP deferred location nearest to your place. Explain them the situation and they will re-issue withing 5-10 mins. I got this done. Thanks all for your valuable information.

                Regards
                Mukesh

                Comment

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