L1B extension & I-94 expiry

[balsu]

Hello,
My L1B visa valid until Nov 23 2011(PED on visa is also Nov 23), when I returned back to US earlier this year after a vacation my I-94 was extended till July 2014.
1. Is it valid to stay and work in the US even beyond my visa expiry date of Nov 23rd?
2. My employer says he cannot file for L-1 extension because my I-94 is valid for more than 6 months. is it true?
3. I need to go to India next Feb and need to come back in 2 weeks, so looking to get my visa extended or a new visa petition filed and ready for stamping by then if approved. Please advise if the I-94 expiry of 2014 still prevents my employer from filing the extension now. Also are there any restrictions in filing a H-1 for me?
Thanks in advance,
Balu

[rvisak]

Pls see response below

Hello,
My L1B visa valid until Nov 23 2011(PED on visa is also Nov 23), when I returned back to US earlier this year after a vacation my I-94 was extended till July 2014.
1. Is it valid to stay and work in the US even beyond my visa expiry date of Nov 23rd?

Yes you can legally work till I-94 expiry
2. My employer says he cannot file for L-1 extension because my I-94 is valid for more than 6 months. is it true?

Its true - extension can only be filed when I-94 is expiring within next 6 mths
3. I need to go to India next Feb and need to come back in 2 weeks, so looking to get my visa extended or a new visa petition filed and ready for stamping by then if approved. Please advise if the I-94 expiry of 2014 still prevents my employer from filing the extension now. Also are there any restrictions in filing a H-1 for me?

You cannot come back on the same visa since the stamp has expired. Your employer will have to file a new L1 petition for you or a new H1 for you. I dont see any restrictions in filing a H1, as long as the cap is open...the new H1/L1 will have to be approved and stamped as it was when you first got your L1-B
Thanks in advance,
Balu

[balsu]

thanks for the response. I am concerned at the petition end date, is it a problem to continue working for my employer as my petition is getting expired? Also, will it affect my future visa application/visits to the US?