L1B visa expired but i94 valid till Nov 2014

[PU7510]

Dear Sir

I am working with Company ABC and am here in USA on L1B visa since Oct
2009. My L1B Visa is expiring in Jan 2012.

I was off on a month's vacation to India last month and had talked to
my company for filing for my H1B Visa as soon as am back to USA.

When I entered in USA on 27th Nov 2011, the immigration officer stamped the
following status and date on my i94
'L1 Visa 25th November 2014'

On reaching back in USA, my company's Visa team told me that they
cannot apply for my H1 visa since the quota got expired on 23rd Nov.

Now am left with an L1B Visa which is expiring after 2 months (Jan
2012) and an i94 which has validity till Nov 2014.

Sir, could you please advice me that 'can I legally stay and WORK in
USA with an expired Visa but a valid i94'? Will this have any negative impact
on my future entries into US or getting Visas. My company says that they
cannot apply for my L1B extension since my i94 is valid for another 3
years.

Looking forward to your reply.

Thanks and Regards
Vishal
Cell: 713 425 9271

[patelanilg]

don't worry...u can work and stay till i-94

[CHBH3]

I am working for a Company XYZ and I hold a L1 B Visa which expires on 16th Nov 2012 and my I94 is valid till march 2015.

I need to travel to india in month of say Jul or Aug for 15 days . so Can I come back to USA for work after 15 days with expiration date 16th nov 2012 ?

Do I need to apply for an extension ?

[goomail]

CHBH3,
you should be good to return in July/August with a visa expiring in Nov. Please note that while you leave US, you need to surrender the I94s. When you return, you will get new I94 at POE and that will determine your duration of stay in US.

[ashwin_mandha]

Hi,

My Visa expires on June 25 2012, but i have a I94 Visa till 2015. As per thread conversation I can work even the Visa Expires when i Valid I94.

If i continue to work on I94 till my H1 is filed Next Year, will this Impact me in future if i apply for Extension or a New Visa. Will US Visa Team will consider my case as Negative as i stayed on only I94(with Visa Expired).

Also one more Question, if my Company applies for extension and in worse case if my Extension Denied then will my Existing I94 will be Expired.


Thanks
Ashwin

[amitthorve]

Hi,

I am in USA on L-1B visa since Feb'2008. My L-1B visa expired in July'2011 but I-94 card is valid till Feb'2014. If I live in USA till Feb'2014 I will complete 6 years on L-1B but L-1B is valid only for 5 years. My company is saying it is legal to live in USA till my I-94 is valid.

Can you please let me know if I live in USA till the end of my I-94 will I have any problem returning to USA in future (say after couple of years)?

Thanks,
Amit

[goomail]

Amit,
Your employer is wrong, on L1B you can stay only 5 years. If you overstay, it might cause problems with your future visa/gc processing. You may consult an immigration attorney and take the necessary steps.
I am also on L1B, my employer is processing COS to H1 next year, since I am completing 5 years then. On H1, I will get one more year - total 6 years.

[chandramouliravi]

Hi all,

This thread already answered my question.
I got a question if i can continue to stay and work if i have expired Visa and I94.

I see that "Its legal working if a valid I94 is present, even though L1B expires".

But i come to know we need to extend Petition even though I94 is valid.
Could you please add more details.

Thanks,
Chandra