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I94 vs Visa vs Petition - Validity

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  • I94 vs Visa vs Petition - Validity

    Hi,

    Following is the background information.

    I am on L1B visa and it was issued for 3 years. The visa expiry (PED) is July 2012.
    When I was returning from India after a trip, they gave me the I94 with validity till Jan 2014, where as my Wife's I94 is valid till Jan 2012. Recently my employer extended this till Jan 2014.

    I know we can stay in US as long I94 is valid but these are my questions/concerns.
    1. Does extending I94 is enough or do we need to extend the blanket petition also?
    2. I heard that if we simply extend only I94 without extending petition, USCIS might raise issues when we file for GC. Is this correct?

    As per my knowledge,

    Visa validity is required only when we enter into the US. Once entered, its only I94 which matters. What does exactly petition does here? How and where does this petition validity is affected?

    Can you please provide me the information? Thank you very much in advance.

    Regards,
    Sada

  • #2
    Petition is actually work authorization. There are complications involved when blanket petitions expire before I-94. Some lawyers maintain that petition needs to be renewed in order for the employee to work. I have also read from equally authentic sources that blanket petition expiry does not matter and one can stay in the US and work up till the I-94 expiry date.
    You should ask your employer's lawyer as to how you should proceed.
    This is my opinion and not legal advice.

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