L1-B visa valid but I-94 expired and application is in 'RFE' status-Can i travel to homecountry and re-enter?


vaishali28

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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?

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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?

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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?

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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?

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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.

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  • 2 months later...

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

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