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  • L1A visa expiring but valid I94

    I am in L1A Blanket since 2009 and in USA from last 3 years. my visa will be expiring on July 4, 2012 but my I 94 is valid till Dec 2013. I have a few questions regarding the same:

    1 - Is their a problem since I am still in LIA Blanket and not transferred to L1A, though I have not changed my company since.
    2 - Can I stay in USA even after my Visa expires, since my I94 is valid?
    3 - If my company files for an extension before my visa expires, do I need to go to India for stamping or is it only if extension is filed after the visa expires
    4 - My spouse's EAD is valid till dec 2013 and she is working currently. Does the EAD still holds good if the visa expires?

    Any guidance on these questions will be really helpful and highly appreciated.
    Thanks

  • #2
    1 - Is their a problem since I am still in LIA Blanket and not transferred to L1A, though I have not changed my company since.
    >>> I don't see any issue.

    2 - Can I stay in USA even after my Visa expires, since my I94 is valid?
    >>> Yes.

    3 - If my company files for an extension before my visa expires, do I need to go to India for stamping or is it only if extension is filed after the visa expires
    4 - My spouse's EAD is valid till dec 2013 and she is working currently. Does the EAD still holds good if the visa expires?
    >>> Visa is just an entry document to U.S. You will need a valid visa only when you leave U.S and want to re-enter back in L1 / L2 visas. To stay and work in U.S, the I-94 should remain valid and not the visa. Extension of status need to be filed only when the I-94 is about to expire (6 months prior to the I-94 expiry date).
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thank you so much Shervin143. Appreciate your help in solving my queries. I just need little guidance on few last minute queries:

      - If I have to visit India, suppose in case of emergency, once my visa expires, but I94 is valid, then is there a way to get back in this country again, or do I need to file for the visa and get it extended and only then come back.

      - Also, can I / my company apply for my Green Card if the visa expires, but I94 is valid.

      Thanks
      Last edited by amitghsl; 04-16-2012, 03:10 PM.

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      • #4
        - If I have to visit India, suppose in case of emergency, once my visa expires, but I94 is valid, then is there a way to get back in this country again, or do I need to file for the visa and get it extended and only then come back.
        >>> When you leave U.S, you will have to return all your I-94 cards. Otherwise there will not be proper exit records against those I-94s and it can cause issues. So I-94 validity doesn't mean anything to you once you leave the country. In order to return back, you need to have a valid visa stamped in your passport. If not, you need to schedule a visa interview at the U.S consulate to get a new visa.

        - Also, can I / my company apply for my Green Card if the visa expires, but I94 is valid.
        >>> Yes. Greencard has nothing to do with your visa or I-94. GC is for future employment.
        Not a legal advice. Use of this information is strictly at your own risk.

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        • #5
          Thank you soooo much Shervin143...you were such a relief....thanks for solving all my queries...have a great day....

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