I94 issue

[kdora]

Hi,
I am on L1A visa and my company has filed for L1A extention for me and my spouse. While the case is pending my spouse has travelled to India and returned to US on 29-May-2009. So she got her I-94 till Sep-2009(based on visa valid date). My L1A extention was approved on 22-May-2009 and now we both got I-94 valid till Feb-2011.

Now we have an issue with my spouse I-94. Her recent I-94 is valid till Sep-2009 because our extention was approved on 22-May-2009 which we are not aware until we received a hard copy on 06-Jun-09 and also website is not updated correctly. Does it mean her I-94 with approved petition(I-797) was void? Does she need to go out of country to get stamped and re-enter to get new I-94 before Sep-2009? Or do we need to file another extention with USCIS? or can we hold both I-94s and continue to stay till I-797 approved time? Please suggest and appreciate your response ASAP.

Thanks

[Subramanya]

I am on L1A visa and my company has filed for L1A extention for me and my spouse. While the case is pending my spouse has travelled to India and returned to US on 29-May-2009. So she got her I-94 till Sep-2009(based on visa valid date). My L1A extention was approved on 22-May-2009 and now we both got I-94 valid till Feb-2011.

Now we have an issue with my spouse I-94. Her recent I-94 is valid till Sep-2009 because our extention was approved on 22-May-2009 which we are not aware until we received a hard copy on 06-Jun-09 and also website is not updated correctly. Does it mean her I-94 with approved petition(I-797) was void? Does she need to go out of country to get stamped and re-enter to get new I-94 before Sep-2009? Or do we need to file another extention with USCIS? or can we hold both I-94s and continue to stay till I-797 approved time? Please suggest and appreciate your response ASAP.

---- The I-94 attached to the latest I-797 is taken as the valid I-94 for you and yours wife's stay in the US. Your wife should retain the I-94 issued at the POE when she entered US. Both can continue staying till the I-797 approved time

---- There is no need to get a vis stamped and reentering the US, unless you intend to travel and ther is no need to file any extension

---- At the time of next travel overseas, submit both the I-94's to the airport/airline authorities

Subramanya

[kdora]

I-94 Issue

Hi Subramanya,
Thanks for responding to this issue. I am still concerned. My company is saying that my I-797 approval was dated as 22-May-2009 and I-94 for both my spouse and me was issued on the same day till Feb-2011. Again my spouse has another I-94 at POE on 29-May-2009 while returning from India and that was valid till Sept'09 and because of this her previous I-94 issued as part of I-797 became void. I am not sure how much true this is? Can you please double check with some one and respond to this query. I am really concerend whether we really need to file another extention or go out of country and get new I-94?

Thanks
Dora

[Subramanya]

Thanks for responding to this issue. I am still concerned. My company is saying that my I-797 approval was dated as 22-May-2009 and I-94 for both my spouse and me was issued on the same day till Feb-2011. Again my spouse has another I-94 at POE on 29-May-2009 while returning from India and that was valid till Sept'09 and because of this her previous I-94 issued as part of I-797 became void. I am not sure how much true this is? Can you please double check with some one and respond to this query. I am really concerend whether we really need to file another extention or go out of country and get new I-94?

---- Ok, it is a mistake on my part as I might not have interpreted in the manner it was expected to be

---- Yes, the I-94 issued with the I-797 becomes void if your wife has entered the US after the date of the issue of H1 I-797

---- In which case your wife has to travel overseas, seek a visa interview at a US Consulate and get the visa stamped for H1 and then enter US by getting a fresh I-94 at the POE that will be valid as per the last validity date for the I-797 petition

Sorry, if this has inconvenienced you in any manner

Subramanya