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Expired I-129S, Valid I-94. Can I work in US?

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  • Expired I-129S, Valid I-94. Can I work in US?

    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!!

  • #2
    You can stay and work until your I-94.
    This is my opinion and not legal advice.

    Comment


    • #3
      Hi

      Hit happened in your case? Did u extend it?
      Did you invite anyone from india diring this time?

      Comment

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