I94 Query

[MadhuAK9]

Hii,

I am on dependent visa (L2) which will expire by Feb 2011. My I94 also expires on the same date. My husband's petition & visa also expire by Feb 2011.

However, my husband I94 is valid till Feb 2013 but his petition & visa is getting expired by Feb 2011. Can I extend my I94 based on his I94 validity?

Or does he need to apply for extension of petition first so I can extend my I94??

Also, can I directly apply for I94 extension or do we have apply through the same comp that sponsered us L Visas??

Please clarify

[shervin143]

You cannot apply ofr the extension based on your Husband's I-94. You need a valid petition from your husband to apply for L2. Extension of L2 can be done on your own. You just need to submit the required documents.

[MadhuAK9]

Thanks Shervin.

Assuming that the L1 petition of my husband will not be extended, what is the other option for me to stay with him here? Can I change to any other visa to maintain legal status?

[shervin143]

Which other visa do you have in mind? You need to be admitted in a school to have F1. You need a job to be in H1B. Apart from that you don't have any other option. Chances of a successful COS to B1/B2 is very less.

[MadhuAK9]

If I take up a course for 6 months or a year, and change to F1 would that extend my I-94?

Whats the procedure to change to J1?

Please advise.

[shervin143]

If I take up a course for 6 months or a year, and change to F1 would that extend my I-94?
>>> Possible, if you can find a school which is ready to enroll your immediately (Before your current I-94 expires).

Whats the procedure to change to J1?
>>> This should be the question on the J1 forum.

[MadhuAK9]

Hii,,

Considering petition extension is not an option, can a fresh petition be applied before the current petition expires based on which I can extend my I-94 validity?

If a fresh petition is applied, will that change the principal applicant's I-94 date again? Or can a fresh petition be applied with out touching the existing I-94 as it is?

[shervin143]

Not sure what you are trying to ask. You will get a new I-94 only when you file a petition as a COS or an extension. No employer would file a new petition of the same type, when the existing petition is still valid.

If the primary applicant leaves the country, then the I-94 should be handed over at the airport. So ultimately, the extension will have to be filed for the applicant to return back to work as the current visa and petition have already expired.