Hello Sir/Madam,
I am currently working in US. My Visa, I-129S, I-94 and passport are valid
till the dates specified below.
L1B Visa - valid till 17th June 2011
I-129S - valid till 17th June 2011
I-94 - Valid till 1st April 2012
I-797 - Petition Valid Indefinitely
So as you see my I-129S and Visa are going to expire on June 17th, 2011. I
checked with my employer if I should apply for an extension and they said I
shouldn't apply for an extension now as USCIS would reject it because my
I-94 is still valid. They said I can stay and work in the U.S. as long as
my I-94 is valid. They also said I must apply for I-94 extension just 6
months before the I-94 expiration i.e., sometime in the month of OCT, 2011.
I was with an understanding that I-94 is a stay permit and petition is the
work permit and both have to be valid and active to stay and work in the
U.S. But my employers opinion is in contrary. I am now in a totally
confused state.
Could you please answer below questions:-
Firstly I believe I-129S document is the petition. Please confirm.
Also could you please let me know if I can work after 17th June 2011
without applying for Petition (I-129S) extension?
If your answer is YES then if I apply for a Petition and I-94
Extension in OCT, are there chances for it to get rejected because I am
applying for Petition Extension 6 months after its expiration?
Thanks a lot in advance!!
I am currently working in US. My Visa, I-129S, I-94 and passport are valid
till the dates specified below.
L1B Visa - valid till 17th June 2011
I-129S - valid till 17th June 2011
I-94 - Valid till 1st April 2012
I-797 - Petition Valid Indefinitely
So as you see my I-129S and Visa are going to expire on June 17th, 2011. I
checked with my employer if I should apply for an extension and they said I
shouldn't apply for an extension now as USCIS would reject it because my
I-94 is still valid. They said I can stay and work in the U.S. as long as
my I-94 is valid. They also said I must apply for I-94 extension just 6
months before the I-94 expiration i.e., sometime in the month of OCT, 2011.
I was with an understanding that I-94 is a stay permit and petition is the
work permit and both have to be valid and active to stay and work in the
U.S. But my employers opinion is in contrary. I am now in a totally
confused state.
Could you please answer below questions:-
Firstly I believe I-129S document is the petition. Please confirm.
Also could you please let me know if I can work after 17th June 2011
without applying for Petition (I-129S) extension?
If your answer is YES then if I apply for a Petition and I-94
Extension in OCT, are there chances for it to get rejected because I am
applying for Petition Extension 6 months after its expiration?
Thanks a lot in advance!!
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