Working or staying after L1B expiration

[Aki07]

Greetings,

I would need suggestion on if one can stay and work after Petition and Visa expiry (L1B). Below are details:-
1) Visa expiring in Last week of May-2019
2) Petition expiring in First week of May-2019
3) I-94 expiring in Dec-2020

My company's attorney is suggesting that I have to leave US (and to apply Visa Extension in India) before my Petition expires. However one of my friend stayed and worked even after Petition and Visa expiration as I-94 was valid, their attorney said it is valid; he applied and stamped Visa in his next visit to India. Can I work for few more months after Petition and Visa expiration? Or can I stay for 1 or 2 months on unpaid leave after Petition expiration?

Thank you for reading.
Regards.
Aki

[Libra_14]

Greetings,

I would need suggestion on if one can stay and work after Petition and Visa expiry (L1B). Below are details:-
1) Visa expiring in Last week of May-2019
2) Petition expiring in First week of May-2019
3) I-94 expiring in Dec-2020

My company's attorney is suggesting that I have to leave US (and to apply Visa Extension in India) before my Petition expires. However one of my friend stayed and worked even after Petition and Visa expiration as I-94 was valid, their attorney said it is valid; he applied and stamped Visa in his next visit to India. Can I work for few more months after Petition and Visa expiration? Or can I stay for 1 or 2 months on unpaid leave after Petition expiration?

Thank you for reading.
Regards.
Aki

You need to understand the basics of all these things:

Visa is merely used to "enter" into USA - after that it has no value.
Petition define your ability to "work" & get paid in USA - so you cannot work without a valid petition.
I94 defines your legal status to "stay" in USA - so with extended I94, you can stay in USA, but cannot work.

For your friend's case - he must have filed petition extension before petition expiry.
In that case he can stay & work while the extension application is in process (upto 240 days).
Once his petition is approved before 240 days of petition expiration, he can continue to stay & work.

So for you, you cannot work after May 2019, until you file your extension before that. But, you can stay till Dec 2020 (since you have valid I94) without work (getting paid).

Hope this helps.

[Aki07]

You need to understand the basics of all these things:

Visa is merely used to "enter" into USA - after that it has no value.
Petition define your ability to "work" & get paid in USA - so you cannot work without a valid petition.
I94 defines your legal status to "stay" in USA - so with extended I94, you can stay in USA, but cannot work.

For your friend's case - he must have filed petition extension before petition expiry.
In that case he can stay & work while the extension application is in process (upto 240 days).
Once his petition is approved before 240 days of petition expiration, he can continue to stay & work.

So for you, you cannot work after May 2019, until you file your extension before that. But, you can stay till Dec 2020 (since you have valid I94) without work (getting paid).

Hope this helps.

Thank you very much for reply :-) I do have some follow up queries:-
1) I guess I can apply petition from US so can I work on approved petition without Visa stamping; Or do I need to do anything else after Petition approval?
2) In case I decide to stay for few months without work (getting paid) after petition expiration, do I need to take unpaid leave or must have to resign due to expired petition?

Thanks & regards,
Aki

[Libra_14]

1) I guess I can apply petition from US so can I work on approved petition without Visa stamping; Or do I need to do anything else after Petition approval?

If you are not changing your visa type - then yes, you can have approved petition & continue to stay & work in USA. Nothing else required.

2) In case I decide to stay for few months without work (getting paid) after petition expiration, do I need to take unpaid leave or must have to resign due to expired petition?

As i said earlier: You can stay till Dec 2020 (since you have valid I94) without work (getting paid) i.e. on unpaid leave & no need to resign.

[Aki07]

If you are not changing your visa type - then yes, you can have approved petition & continue to stay & work in USA. Nothing else required.


As i said earlier: You can stay till Dec 2020 (since you have valid I94) without work (getting paid) i.e. on unpaid leave & no need to resign.

Thank you Libra_14 for answers. Appreciate it.

[Libra_14]

Thank you Libra_14 for answers. Appreciate it.

Glad I am able to help !