L1B and I94 at port of entry question

[rakesh.balavanthapu]

Hello All,

 

I have read in a couple of other forums that, according to a new rule that is added to Federal register by Department of State (DOS) on 14 Feb 2012, I94 validity on L1 visas should be given based on the reciprocity schedule.

Reciprocity schedule is something that specifies the maximum validity of a visa for each country.

Here is the list for India - http://travel.state.gov/visa/fees/fees_5455.html?cid=9215

 

So, according to this, when an L1 visa holder appears at a port of entry, he/she should be given I 94 validity for the full visa period. In L1B case, for India, it is 60 months (or 5 years). The only condition is there must be a valid I-797. In case of blanket petitions, I-797 will usually be valid indefinitely.

 

My question is, do any of you have more information about this ? Please share your experiences.

In case, if the CBP officer at port of entry gives I 94 only until L1 visa expiry date, can we request the officer to refer to this rule and change the I 94 validity ?

 

Appreciate your thoughts and advices. Thanks in advance.

 

Regards,

Rakesh

[pontevecchio]

There is no concept of giving an I94 till visa expiry. In case of a blanket L1 the I94 will be issued for 3 years irrespective of visa expiry in the meantime.

[jairichi]

Hello All,

 

I have read in a couple of other forums that, according to a new rule that is added to Federal register by Department of State (DOS) on 14 Feb 2012, I94 validity on L1 visas should be given based on the reciprocity schedule.

Reciprocity schedule is something that specifies the maximum validity of a visa for each country.

Here is the list for India - http://travel.state.gov/visa/fees/fees_5455.html?cid=9215

 

So, according to this, when an L1 visa holder appears at a port of entry, he/she should be given I 94 validity for the full visa period. In L1B case, for India, it is 60 months (or 5 years). The only condition is there must be a valid I-797. In case of blanket petitions, I-797 will usually be valid indefinitely.

 

My question is, do any of you have more information about this ? Please share your experiences.

In case, if the CBP officer at port of entry gives I 94 only until L1 visa expiry date, can we request the officer to refer to this rule and change the I 94 validity ?

 

Appreciate your thoughts and advices. Thanks in advance.

 

Regards,

Rakesh

Nope. You will get 3 years. Then, an additional 2 years.

 

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=bfd10b89284a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=bfd10b89284a3210VgnVCM100000b92ca60aRCRD

[Attorney_23]

No, this is entirely incorrect. The rules deal with the validity duration of visas, not of I-94 cards.

[rakesh.balavanthapu]

Thanks everyone for your responses.

I was looking more on this and found this on federalregister.gov website.

 

https://www.federalregister.gov/articles/2012/02/14/2012-3455/visas-issuance-of-full-validity-l-visas-to-qualified-applicants#page-8119

 

My interpretation might be wrong.

Could you please help me understand what this rule talks about. The terminology is above my head !

 

Thanks,

Rakesh

[Attorney_23]

Thanks everyone for your responses.

I was looking more on this and found this on federalregister.gov website.

 

https://www.federalregister.gov/articles/2012/02/14/2012-3455/visas-issuance-of-full-validity-l-visas-to-qualified-applicants#page-8119

 

My interpretation might be wrong.

Could you please help me understand what this rule talks about. The terminology is above my head !

 

Thanks,

Rakesh

 

"This rule permits the issuance of L visas with validity periods based on the visa reciprocity schedule; whereas the current rule limits L visas to the petition validity period, which is determined by the Department of Homeland Security." The rule is referring to visas, not status.

[rakesh.balavanthapu]

Thanks for the clarification. This leads me back to the question where I started.

Since last 1.5 years, why is that some people who entered on L1B visa got I 94 expiry date much later than (like 2 extra years) expiry date on visa stamp ?

And why is that some people (including me) did not ?

 

Please let me know if there is any rule that CBP officers are looking at.

 

Regards,

Rakesh

[pontevecchio]

This is the difference between blanket L1 and Individual L1.

[nineballs]

Since last 1.5 years, why is that some people who entered on L1B visa got I 94 expiry date much later than (like 2 extra years) expiry date on visa stamp ?

And why is that some people (including me) did not ?

I think it has to do with how much CBP officer know about the L1 visa. A lot of my former colleagues got their I94 till their L1-B expiration and while others got it for 3 years. The colleagues who landed in SFO, Atlanta, New York and Detroit all got it for 3 years. Others who landed in Chicago got it till their L1-B visa expiration date. This may just be a coincidence but it was right every single time. Which airport did you land?

[Attorney_23]

This is the difference between blanket L1 and Individual L1.

 

Pontevecchio is correct. The duration of L-1 status granted when entering on an L-1 visa issued under a company's blanket is different than the status granted when entering based upon a standard L-1.

 

 

I think it has to do with how much CBP officer know about the L1 visa.

 

This can be an issue as well. On many occasions, I have had to get I-94s corrected for clients because of a lack of understanding at the POE by the CBP officer on duty.