vaishali28 Posted August 28, 2012 Report Share Posted August 28, 2012 My L1-B Visa valid till Aug 2013 but I-94 is expired on August 06,2012. We have applied only for my I-94 extension in May 2012 and its current status "Request For Evidence"(RFE). I wanted to know if we have any other option to avoid risk of my I-94 extension request getting denied and my Visa become invalid after that. Please suggest options that you can think off which will be safe from everyone perspective. I see below two options here see if it will work for me. 1. my company withdraw I-94 extension application and then we will travel to home country / Maxico so i will get fresh I-94 form from Consulate when i come back to USA. 2. If option 1 will good then when can i travel as we have already booked air ticket for September 13 to September 27,2012(14 days) to go to India. In this time his company will withdraw I-94 extension application and while re-entering to USA on September 27,2012 there will not be any problem for me to re-enter USA. 3. Can this withdrawal of I-94 extension application is possible without any reason? 4. If withdrawal of I-94 application is not possible without a reason then i will check with my manager and get my Deputation ended here if possible. After that his company will withdraw my I-94 application and then i will come back to USA with fresh deputation. My questions are - 1) Will option 1 and 2 work for us,If yes can i re-enter USA on Sept 27, 2012 without any difficulty saying my I -94 is already expired on Aug 06,2012 and my application is in process with USCIS? Link to comment
pontevecchio Posted August 28, 2012 Report Share Posted August 28, 2012 If your petition was/is valid till 2013 how did you get an I94 till 2012.? Link to comment
vaishali28 Posted August 29, 2012 Author Report Share Posted August 29, 2012 Yes my petition/ L1-B visa is valid till Aug 2013 but they have given me I-94 till Aug 2012 when i enter USA in last year. Link to comment
vaishali28 Posted August 29, 2012 Author Report Share Posted August 29, 2012 Thank you so much pontevecchio for your revert. Yes my L1-B visa is valid till Aug 2013 but they have given me I-94 till Aug 2012 only. Please advice for my Sept travel to homcountry and returm to USA. Appreciate your revert. Link to comment
vaishali28 Posted August 30, 2012 Author Report Share Posted August 30, 2012 can i re-enter USA on Sept 27, 2012 without any difficulty saying my I -94 is already expired on Aug 06,2012 and my application is in process with USCIS? Link to comment
pontevecchio Posted August 30, 2012 Report Share Posted August 30, 2012 Was it because of passport expiry? You have to provide facts. Link to comment
vaishali28 Posted August 30, 2012 Author Report Share Posted August 30, 2012 Thanks for your revert pontevecchio. Following is my answer for your question- No my passport is valid till 2020. My L1B is valid till Aug 2013 but my I-94 is expired on 06 Aug 2012.my company already applied for my I94 extension in May 2012 and its current status is "Request For Evidence". My I-129 petition is also valid till Aug 2013. To avoid risk of I-94 extension denial i have decided to travel to my home country for 12 days from Sept 13-Sept 27,2012.so my question is - 1) Can i re-enter USA on Sept 27, 2012 without any difficulty saying my I -94 is already expired on Aug 06,2012 and my application is in process with USCIS which is not denied but currently in 'RFE' status ? 2) If Yes for 1) then when the current I94 extension application with USCIS should be withdrawn by my employer after I re-enter US on Sept 27,2012 with new I94 form or before reentry to US ? 3) Is there is any need to carry additional documents (like eligibility for L1-B) while re-entering on Sept 27,2012? Link to comment
vaishali28 Posted August 30, 2012 Author Report Share Posted August 30, 2012 Thanks for your revert pontevecchio. Following is my answer for your question- No my passport is valid till 2020. My L1B is valid till Aug 2013 but my I-94 is expired on 06 Aug 2012.my company already applied for my I94 extension in May 2012 and its current status is "Request For Evidence". My I-129 petition is also valid till Aug 2013. To avoid risk of I-94 extension denial i have decided to travel to my home country for 12 days from Sept 13-Sept 27,2012.so my question is - 1) Can i re-enter USA on Sept 27, 2012 without any difficulty saying my I -94 is already expired on Aug 06,2012 and my application is in process with USCIS which is not denied but currently in 'RFE' status ? 2) If Yes for 1) then when the current I94 extension application with USCIS should be withdrawn by my employer after I re-enter US on Sept 27,2012 with new I94 form or before reentry to US ? 3) Is there is any need to carry additional documents (like eligibility for L1-B) while re-entering on Sept 27,2012? Link to comment
pontevecchio Posted September 1, 2012 Report Share Posted September 1, 2012 You say you have an approved L1 Petition till August,2013. You have a valid visa. When you entered you would and should have got the I94 till August,2013. I am asking why was that? If you had a L1 petition valid till 2013 why did the company file an extension which can only be filed up to 6 months in advance? Link to comment
vaishali28 Posted September 4, 2012 Author Report Share Posted September 4, 2012 Yes i have L1-B and petition valid till Aug 2013. But when i entered last year in USA, CBP officer asked me question that 'how long you are going to stay in USA'. I answered approximately 1 year and may be because of that reason he has given me I-94 for one year means till 2012. Sorry to create any confusion but my company has filed I-94 extension and not my L1-B extension. Please let me know can i travel now to home country and come back USA with new I-94 saying that i have I-94 extension application pending with USCIS and it is not denied but its in 'RFE' status now? Link to comment
pontevecchio Posted September 4, 2012 Report Share Posted September 4, 2012 "my company has filed I-94 extension and not my L1-B extension." How? Why have you not gone to the CBP Office nearby to have them correct the I94. They have to and had to give you an I94 till the petition expiry. Link to comment
vaishali28 Posted September 4, 2012 Author Report Share Posted September 4, 2012 I thought that this I-94 till 2012 was given by them purposefully( because i said my period of stay in USA will be approximately 1 year) so i did not ask them and corrected by nearby CBP office and my employer also not suggested me that this one year I-94 was by error. But what can i do right now -Shall i go to any nearest CBP office or shall i go to my home country and come back as i have already booked ticket for Sept 13,2012 for my home country and planning to re- enter USA on Sept 27,2012? Please give your advice at this situation, I agree that it is my mistake that i have not realized that this I-94 was by error of CBP office, and there was no guidance from my employer also. Link to comment
pontevecchio Posted September 4, 2012 Report Share Posted September 4, 2012 Since you are travelling anyway you will get a new I94 when you return. This time make sure they stamp it correctly. Is there no company Lawyer involved? Link to comment
vaishali28 Posted September 4, 2012 Author Report Share Posted September 4, 2012 Thanks for your revert. But will this travelling create any issue while re-entering USA as my case (I-94 extension) is pending with USCIS and is in 'RFE' status now? If yes then i have to cancel my trip to home country. Seeking your valuable advice. Link to comment
vaishali28 Posted September 6, 2012 Author Report Share Posted September 6, 2012 Seeking your valuable advice -pontevecchio But will this travelling (Sep 13,2012 -Sept 27,2012 ) create any issue while re-entering USA as my case (I-94 extension) is pending with USCIS and is in 'RFE' status now? If yes then i have to cancel my trip to home country. Link to comment
vaishali28 Posted September 10, 2012 Author Report Share Posted September 10, 2012 Please reply pontevecchio Will this travelling (Sep 13,2012 -Sept 27,2012 ) create any issue while re-entering USA as my case (I-94 extension) is pending with USCIS and is in 'RFE' status now? If yes then i have to cancel my trip to home country. Link to comment
raj1983 Posted December 4, 2012 Report Share Posted December 4, 2012 Hii Vaishali, Can you please update further what actions did you take and how did you over come this situation ?? It would really very helpful if you could update your experience so I can decide on course of action. I have similar problem and facing RFE for my I-94 while my visa is valid until next year, there was no specific reason why I was given shorter I-94. Thanks Raj Link to comment
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raj1983 Posted December 27, 2012 Report Share Posted December 27, 2012 Hi Vaishali, can you please help me with some suggesions....!! What did you do with your situation as am in similar problem and trying to find a soln. Thanks Link to comment
hannah16 Posted December 29, 2016 Report Share Posted December 29, 2016 Can anyone shear experience ...? Im on same situation and want to find a solution.. Link to comment
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