Query regarding I-94 and Visa Expiry

[prasar]

Hi

Case: Currently I am holding L1 B Visa till Nov 2018 and I-94 is valid till March 2020. Whereas my spouse visa and kid Visa and I94 both are valid till Nov 2018. Right now, my GC - LCA approval is in progress (not received DS-140 approval yet) and my H1B lottery has been picked for current year (Consular Processing) from same company, so I am thinking to extend my L1B since my spouse is working and spouse had valid EAD till March 2020.

Queries:

1. Is it legal to stay in US for  spouse and kid without valid I94 and Visa ( Main Visa holder having I94 validity)?

2. If yes, Spouse can work on Valid EAD without I94 and Visa stamp?

3. Any other complications with expired Visa and expired I94?

4. Since mine is  H1 Consular processing,  do I need to need to go for Visa stamping (Since I have Valid I94 till March 2020)

 

Thanks!

[pontevecchio]

1. NO.

2. NO

3. ICE detention and removal

4. If you need the H1 cap count to work, you will need the H1 visa stamp at minimum.

Since your company seems very pliable, keep L1 status as long as she wants to work.

[prasar]

Thanks a lot for your quick reply. I have following query:

5. Can I apply for Extension of I94 for Spouse and kid either directly approaching CBP (Customs and Border Protection) 

or

6. By applying for  I-539, Application To Extend/Change Nonimmigrant Status

 

Same Case: Currently I am holding L1 B Visa till Nov 2018 and I-94 is valid till March 2020. Whereas my spouse visa and kid Visa and I94 both are valid till Nov 2018. Right now, my GC - LCA approval is in progress (not received DS-140 approval yet) and my H1B lottery has been picked for current year (Consular Processing) from same company, so I am thinking to extend my L1B since my spouse is working and spouse had valid EAD till March 2020.

 

 

 

 

[pontevecchio]

In order to extend their L2 status, you would need to file for an EOS I-539. Why is the company letting you stay in L1 status after filing and getting a H1 petition approved since the petition is lost if you do not join the initial sponsor?

[prasar]

Thanks once again for the quick response..

Can we file EOS I-539 for spouse and kid without my I-129 application? And can we file EOS I-539 ourselves or my company needs to process this?

Regarding changing to H1, my petition got picked in the lottery this year. My H1 is applied in consular notification, as I wanted to continue on L1 for as long as possible so that my wife can work on L2 + EAD. Also, I want to wait and watch till there is a clear direction on H4 + EAD work status. 

My main concern at this point is getting a legal residence status for my family

[pontevecchio]

You can extend their status till 2020 based on your L1 petition validity till then. If you have a blanket L1, they can leave and return and they will get an I94 till March, 2020. You could try running your concerns by the company Lawyer should you choose.

[prasar]

Thanks a lot for all the  replies. Before asking the  company for extension of  I94 for my family, I want to clear all my concerns.