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L2 extension in USA even if I-94 is valid

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  • L2 extension in USA even if I-94 is valid

    My spouse is on L2 visa and she has visa stamp until Aug-2018. however as per annotation on her visa she has to show approved I-797 at port of entry.
    her I-797 is already expired, if she go to India for a month then in order to come back in USA she would need another approved I-797.

    my questions is
    1) Can we file for I-797 extension in USA even if her I-94 date is nov-2017
    2) If we can not file extension in USA, will she have to go for another stamping in India or extension from India.

    Please help me get the correct information so that I will plan accordingly.

  • #2
    Which I-797 are you talking about? The L1 petition approval notice or approval notice for L2 extension of status?
    This is my opinion and not legal advice.

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