L1 Approved, L2 pending can travel ?

[Anshu1234]

Hii,

My husbands L1 B petition is approved and received papers as well. But my L2 is still pending for approval. we both are in US. Now I need to travel to India urgently. Can I travel to india with L2 extension pending? what are the consequences ? how can I get visa stamped while coming back ? my husband may or may not come to india for stamping.
Please let me at the earliest
thank you

[shervin143]

If your I-94 has already expired a long time ago, then it is not advisable to travel. If you travel out of U.S, then the extension of status may get denied and the time that you have spent in U.S after the I-94 expiry date will be considered as illegal stay. However, if you had to travel, then to return back to U.S, you don't need your L2 approval notice. All that you need is your husband's L1 approval notice. If you won't have a valid L2 visa in the passport as of the date of your return, then you need to get the L2 stamped based on your husband's L1 petition. By returning back on a valid L2 visa and your husband's L1 approval notice, you will get a new I-94 at the POE matching the L1 expiry date which will allow you to stay in U.S as a L2 dependent.

[Anshu1234]

L1 Approved, L2 pending can travel ?

Thanks Shervin, I-94 is valid till Mar 2013.

[shervin143]

If your I-94 was valid until March 2013, then why did you file the extension?

Thanks Shervin, I-94 is valid till Mar 2013.

[Anshu1234]

L1 Approved, L2 pending can travel ?

I-797A expired. Last year when we visited India and came back. At the POE they stamped the I-94 with the validty till Mar 2013 for both of us even though my husbands L1 visa petition is expiring on Jan 2012. Extension filed as the petition was expiring.

[shervin143]

Your I-94 will determine your legal status in the country. You can continue to stay/work until the I-94 is valid. That is why I-94 is issued at the first place. There is no need to file the extension as long as the I-94 remains valid for more than 6 months in the future.

I-797A expired. Last year when we visited India and came back. At the POE they stamped the I-94 with the validty till Mar 2013 for both of us even though my husbands L1 visa petition is expiring on Jan 2012. Extension filed as the petition was expiring.

[Anshu1234]

L1 Approved, L2 pending can travel?

My question still remains un-answered. Let me rephrase.
Can I travel to India now with L2 extension being in progress (current I-94 till Mar 19,2013). ?
Can I get my visa stamped based on husbands extended L1 petition and re-enter US ?
What will happen to L2 visa which is already in extension ?

[shervin143]

Can I travel to India now with L2 extension being in progress (current I-94 till Mar 19,2013). ?
>>> Yes.

Can I get my visa stamped based on husbands extended L1 petition and re-enter US ?
>>> Yes.

What will happen to L2 visa which is already in extension ?
>>> When you leave the country, the extension of status should get denied. But sometimes, by mistake, it will gets processed. If it gets declined, then you are all good. If it gets approved when you are outside U.S, then you should follow the below link to return that I-94 back to CBP.

https://www.immihelp.com/returning-uncollected-i94-form-to-cbp/

If the extension gets approved after your return, then the last received I-94 (the one that came with the approval) will take effective and your status will expire as of that date. Search and read about the last action rule. You could have avoided all this status confusion if you have not filed the extension at the first place which was unnecessary in your case as your status was expiring only in 2013..

[Anshu1234]

L1 Approved, L2 pending can travel ?

Thank you Shervin for all your reply. I really appreciate. Feeling relieved now.

[Libra_14]

Reopening an old thread.

Valid L2 visa till 2021, I94 got expired recently. Company filed for extension before couple of months.

Need to travel outside USA & not planning to return until L1 approval (~4 months from now).

Questions:
1. Can he use the existing visa to re-enter after L1 approval (before visa expiry) ? Or need to get a new visa ?
2. He'll be abandoning my extension petition (I539). Will it cause any issue later?