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  • L1-B Extension

    Hi,
    I am in US on L1-B, my Visa is getting expired on Jan 2013 but I have I94 valid till Jul 2014 and my company is planning to file L1 extension

    Q1. What are chances of getting L1-b Extension accepted or rejected ?
    Q2. If my L1-B extension is rejected can I stay in US as my I94 is valid till 2014.
    Q3. People are saying after rejection you will have to leave US within 10 days, is that correct ?
    Q4. What do you suggest should I file extension or I should stay on i94 ?

    Thanks
    Rahul

  • #2
    Q1. What are chances of getting L1-b Extension accepted or rejected ?
    >>> There is a lot of factors involved in approval or rejection of a petition. Do yo really think a forum member can answer this for you without knowing anything about you or your company. Hypothetical questions are hard to answer.

    Q2. If my L1-B extension is rejected can I stay in US as my I94 is valid till 2014.
    >>> It depends. If they clearly mention in their rejection notice that you need to leave immediately, then you should leave. If not, you can stay and work until the I-94 expiry date. There is no need to file your extension now as you are allowed to work until the 2014. The extension need to eb filed only when the I-94 is about to expire. Extension can be filed 6 months prior to the I-94 expiry date.

    Q3. People are saying after rejection you will have to leave US within 10 days, is that correct ?
    >>> If they reject your petition stating that you are not specialized to work in L1 and mention that you should leave, then you should leave immediately.

    Q4. What do you suggest should I file extension or I should stay on i94 ?
    >>> Better stay on I-94. File the extension only when you want to leave the country (where you will have to return your I-94 at the POE), so that you can get the petition stamped and return back.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Hi,
      Thanks for response.

      Code:
      Q4. What do you suggest should I file extension or I should stay on i94 ? 
      >>> Better stay on I-94. File the extension only when you want to leave the country (where you will have to return your I-94 at the POE), so that you can get the petition stamped and return back.
      I discussed this with my Company, They are saying I can not work on I94 after my visa expired. Can you please give some official link which I can give them. That will be great help.

      Thanks
      Rahul

      Comment


      • #4
        Consult a good immigration attorney on your own. They will be able to give you documentation on the same which can convince your employer. If extension need to filed as of the petition expiry date, then what is the need for an I-94 at the first place?

        Originally posted by rahuldagr8 View Post
        Hi,
        Thanks for response.

        Code:
        Q4. What do you suggest should I file extension or I should stay on i94 ? 
        >>> Better stay on I-94. File the extension only when you want to leave the country (where you will have to return your I-94 at the POE), so that you can get the petition stamped and return back.
        I discussed this with my Company, They are saying I can not work on I94 after my visa expired. Can you please give some official link which I can give them. That will be great help.

        Thanks
        Rahul
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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