L1B-Blanket Extension

[Nvn]

I am on L1B-Blanket visa,
Visa Expiration : 13-Dec-2012
I-94 Expiration : 13-Dec-2013
Last Date on I-129S : 13-Dec-2012

Spouse Visa Info:
Visa Expiration : 13-Dec-2012
I-94 Expiration : 13-Dec-2012 (We entered in US same day, but she got different I-94 expiry date.)

Questions:
1) As my I-94 is valid till 13-Dec-2013, so am I legally allowed to work in US after my visa expiration? If yes, then why my company is planning to file an extension for me?
2) If they file L1 Extension for me and it gets approved, will my wife get an updated I-94 with new expiry date as mine?
3) if my extension gets rejected? Will it change my existing I-94 expiry?
4) My company hasn’t decided yet if they will file Blanket or Individual, please suggest which is more safer in current scenario?

Thanks,
Nvn

[shervin143]

1) As my I-94 is valid till 13-Dec-2013, so am I legally allowed to work in US after my visa expiration?
>>> You are legally allowed to stay and work in U.S until your I-94 expiry date. Visa is only an entry document to U.S.

If yes, then why my company is planning to file an extension for me?
>>> Not required in your case. But to extend your wife's L2, they need to extend your petition.

2) If they file L1 Extension for me and it gets approved, will my wife get an updated I-94 with new expiry date as mine?
>>> Not unless the L2 extension is also filed along with the L1 extension.

3) if my extension gets rejected? Will it change my existing I-94 expiry?
>>> If the extension gets denied, then you should leave U.S as USCIS has rejected your stay past the current petition expiry date.

4) My company hasn’t decided yet if they will file Blanket or Individual, please suggest which is more safer in current scenario?
>>> It doesn't really matter if you have the required documents. but recently the rate of L1B rejection is a little higher than individual.

[Nvn]

Thank you Shervin143,

My wife doesn't have any plan to visit India or go out of US, so it means to get her visa/i-94 extended, my company needs to apply for my extension along with my wife's? In short because of my wife's visa extension my company needs to file our extension, otherwise not needed?

[raghvi]

That is right. If your wife plans to stay with you beyond Dec 2012 then she needs to get an extended I-94. For her to get an extended I-94 your extension has to be filed. This is my opinion not legal advice.

[Nvn]

Thank you Raghvi & Shervin143,

Is I-94 Extension and Visa/Petition Extension is different? As I have heard you can't file I-94 extension prior to 6 month of your existing I-94 expiry date. So as my I-94 is valid till Dec-2013, how do my company be able to file visa extension for me now?

[shervin143]

Petition/I-94 extension are the same. The extended petition will come with a new I-94. There is no such thing as visa extension. Visa in the one you get stamped in the passport by visiting a U.S consulate. Extension of status can be file 6 months prior to the petition or I-94 expiry date. In your case, since your I-94 is valid until 2013, there is no need to file the extension. However your wife's I-94 is expiring in 2012. Her petition/I-94 cannot be extened without extending your petition (L2 petition cannot be extened based on L1's I-94. It has to be based on L1's petition). So your employer will need to file both L1/L2 extension together before your L1 petition expiry date.

[Nvn]

Thank you Shervin143 ! It's pretty clear now

[Nvn]

Hi,
When I asked the same question to my company's immigration team, here is what they said.

"""
1) Since you have a valid I-94 extension is not required for you & you are go to stay till the validity of your I-94.
2) I would advise your wife to do a exit from US by travelling either to Mexico or Canada depending on your work location in the US to get her 1-94 extended.
"""

Please advise, If exiting from US to Mexico/Canada is a good option? Is it a safer option than applying for L1-extension for both of us?

Thanks,
Nvn

[shervin143]

If she exit and re-enter, what is the guarantee that she will get an extended I-94. The I-94 is usually issued only till the primary L1 holder's petition expiry date. She can however request an extened I-94 by showing a copy of your I-94. It may or may not work. If the officer at the POE cannot iusse her an extended I-94, then there is no other option other than to file the extension. If you are going to try this option, then she will have to make sure that she returns her existing I-94 and get a new one upon her return (sometimes if the trip to Canada/Mexico is shorter than 1 month, they won't remove the exiting I-94. They will ask you to use the same I-94 upon return. This is usually a problem if you travel by road. If you take a flight, you will be okay).

Another option is for you to take a vacation and go to your home country. In that case, the company has to file the extension. Once approved, both you and your wife can travel together (need to have valid L1/L2 visas) and get matching I-94s at the POE.

Hi,
When I asked the same question to my company's immigration team, here is what they said.

"""
1) Since you have a valid I-94 extension is not required for you & you are go to stay till the validity of your I-94.
2) I would advise your wife to do a exit from US by travelling either to Mexico or Canada depending on your work location in the US to get her 1-94 extended.
"""

Please advise, If exiting from US to Mexico/Canada is a good option? Is it a safer option than applying for L1-extension for both of us?

Thanks,
Nvn