L1 Extension received for more than 5 years- Is that legal?

[ssinghal2004]

Hello,

My L1B visa along with I94 will expire on 9/30/2013. When my employer filled for an recapture, I received an extension till 1/2015. Making visa technically over 5 years.

Question1: if I go for stamping in India, will it impact the stamping and can the visa be denied?

Question 2: will this impact the future processing of h1b in 2014 ( I have an approved I 40)

Question 3: if I don't go for stamping and will my stay be legal based on the new I 94.

Appreciate your advise on the same.

[jairichi]

Hello,

My L1B visa along with I94 will expire on 9/30/2013. When my employer filled for an recapture, I received an extension till 1/2015. Making visa technically over 5 years.

Question1: if I go for stamping in India, will it impact the stamping and can the visa be denied?

Question 2: will this impact the future processing of h1b in 2014 ( I have an approved I 40)

Question 3: if I don't go for stamping and will my stay be legal based on the new I 94.

Appreciate your advise on the same.

(1) No.

(2) No.

(3) You have to exit and enter before your I94 expiry and get a new I94.

[ssinghal2004]

thanks for response. One quick question, so given the fact that USCIS has given me the approval enabling me to  total stay on l1B over 5 years, this would be considered legal and i dont have to worry about the 5 year limit, provided in get the new i94 stamped. 

[jairichi]

thanks for response. One quick question, so given the fact that USCIS has given me the approval enabling me to  total stay on l1B over 5 years, this would be considered legal and i dont have to worry about the 5 year limit, provided in get the new i94 stamped. 

When initially they give you a visa they do not count for the days or months you will be out of US. The moment you enter US you no longer worry about your visa. Your stay is based on your I94. That is the reason why even though your visa expiry date is different your employer was able to recapture the time you spent outside US. As I mentioned just exist and re-enter before your I94 expiry to get a new I94 valid till01/2015.

[Attorney_23]

thanks for response. One quick question, so given the fact that USCIS has given me the approval enabling me to  total stay on l1B over 5 years, this would be considered legal and i dont have to worry about the 5 year limit, provided in get the new i94 stamped. 

 

No, the 5 year limit still applies, even if the USCIS incorrectly provided you with an I-94 that takes you beyond this date.

[jairichi]

Hello,

My L1B visa along with I94 will expire on 9/30/2013. When my employer filled for an recapture, I received an extension till 1/2015. Making visa technically over 5 years.

Question1: if I go for stamping in India, will it impact the stamping and can the visa be denied?

Question 2: will this impact the future processing of h1b in 2014 ( I have an approved I 40)

Question 3: if I don't go for stamping and will my stay be legal based on the new I 94.

Appreciate your advise on the same.

 

 

No, the 5 year limit still applies, even if the USCIS incorrectly provided you with an I-94 that takes you beyond this date.

Attorney_23, after recapture OP has obtained extension till 01/2015. OP is worried that his initial L1B visa and I94 is expiring by 09/2013 while his extension after recapture is valid till 01/2015 i.e beyond his L1B visa validity date.

[Attorney_23]

Attorney_23, after recapture OP has obtained extension till 01/2015. OP is worried that his initial L1B visa and I94 is expiring by 09/2013 while his extension after recapture is valid till 01/2015 i.e beyond his L1B visa validity date.

 

I'm not so certain that's what the OP is saying. He says in his follow up post:

 

 

thanks for response. One quick question, so given the fact that USCIS has given me the approval enabling me to  total stay on l1B over 5 years, this would be considered legal and i dont have to worry about the 5 year limit, provided in get the new i94 stamped. 

 

If he is asking whether he can stay in the U.S. for more than 5 years in L1B time (after taking into consideration the recapture time), then the answer is no. OP, can you clarify, please?

 

[jairichi]

I'm not so certain that's what the OP is saying. He says in his follow up post:

 

 

 

If he is asking whether he can stay in the U.S. for more than 5 years in L1B time (after taking into consideration the recapture time), then the answer is no. OP, can you clarify, please?

I agree it is confusing. Will wait for reply from OP.

[ssinghal2004]

thanks for the reply, the question i am trying to ask is about the legality of stay on L1B and listed below are some facts

 

1: My current visa and I-94 expires on 9/30/2013.

2: Scenario 1 : My employer applied for a recapture and i have received a new i-94 which is valid till 1/2015. Now based on this i-94, can i continue to stay in US till 1/27/2015, given the fact, that if i stay till 2015, i will cross the 5 year period on l1B.

 

3: Scenario 2: Assuming that if i  return to India before 9/302013 (current I-94 and visa expiry date) and re-enter with a fresh visa ( new stamp) and it may have a validity till 1/2015 based on the recent approval received, (again making my stay on L1B over 5year), will this be considered legal and not cause any issues with future H1 and GC process.

 

thanks 

[jairichi]

thanks for the reply, the question i am trying to ask is about the legality of stay on L1B and listed below are some facts

 

1: My current visa and I-94 expires on 9/30/2013.

2: Scenario 1 : My employer applied for a recapture and i have received a new i-94 which is valid till 1/2015. Now based on this i-94, can i continue to stay in US till 1/27/2015, given the fact, that if i stay till 2015, i will cross the 5 year period on l1B.

 

3: Scenario 2: Assuming that if i  return to India before 9/302013 (current I-94 and visa expiry date) and re-enter with a fresh visa ( new stamp) and it may have a validity till 1/2015 based on the recent approval received, (again making my stay on L1B over 5year), will this be considered legal and not cause any issues with future H1 and GC process.

 

thanks 

@ssinghal2004:

(2) During your period of L1 did you ever stay out of US for around 15 to 16 months? If yes, was that the time recaptured now?

(3) I believe you have to be outside US for 365 days before another L1 petition can be filed for you.

[ssinghal2004]

@ssinghal2004:

(2) During your period of L1 did you ever stay out of US for around 15 to 16 months? If yes, was that the time recaptured now?

(3) I believe you have to be outside US for 365 days before another L1 petition can be filed for you.

2)during my entire L1, i was out of US only for about 4-5 months and yes the recapture for this 4-5 months was filed now - against which i got an approval till jan 2015.

3) I am asking that based on the current 797 extension that i have received, i plan to visit India to get the visa stamped and if this visa is valid till JAn 2015, making my stay over 5 years, will it impact my h1 or GC processing. I am not planning to file a new petition.

[jairichi]

2)during my entire L1, i was out of US only for about 4-5 months and yes the recapture for this 4-5 months was filed now - against which i got an approval till jan 2015.

3) I am asking that based on the current 797 extension that i have received, i plan to visit India to get the visa stamped and if this visa is valid till JAn 2015, making my stay over 5 years, will it impact my h1 or GC processing. I am not planning to file a new petition.

In this case you could stay 4 to 5 months (specific days) from 09/30/2013 that was recaptured. Even if the approval notice mentions Jan 2015 you can not stay beyond the recaptured time as attorney_23 says. Talk to your employer's attorney and get the specific date by which you have to leave US.