L2 Visa Extension with L1B I94

[amitdewan1]

Hi,

 

I have a blanket L1B blanket petition with online I-94 valid until Sep, 2017.

However, my spouse on dependent L2 visa has an I94 expiring on 20 Dec, 2014.

My question is:

1. Do we have to apply for L2 extension for my spouse based on my I-94 or would I have to extend my L1B visa?

Please suggest. Thanks!

[jairichi]

Your spouse needs to file an I539 form based on your I94 before 20th Dec 2014.

[amitdewan1]

Thanks! for the inputs.

 

Some more follow-up questions:

2. Please suggest if this application can be filed on her own or does if it can only happen through my employer.

3. How long does it take to process this request once it is submitted with USCIS?

4. Her employer is in the process of applying for her H1B cap Exempt but it may be applied after December 20th, 2014. So is there a grace period, in case the H1B application is filed after the above date, while I-94 extension request is not yet submitted.

 

[jairichi]

Thanks! for the inputs.

 

Some more follow-up questions:

2. Please suggest if this application can be filed on her own or does if it can only happen through my employer.

3. How long does it take to process this request once it is submitted with USCIS?

4. Her employer is in the process of applying for her H1B cap Exempt but it may be applied after December 20th, 2014. So is there a grace period, in case the H1B application is filed after the above date, while I-94 extension request is not yet submitted.

2. You can do it by yourself.

3. 3 to 4 months.

4. There is no grace period. If a cap exempt H1B was filed before her I94 expiry then she is fine but she needs to stop working for L2 employer.

[amitdewan1]

Thanks for the info.

She is not working right now so please suggest:

5. If we apply for I-94 extension on L2 visa and her employer files for H1B application later what happens to the I-94 extension application?

5a. Can these two requests be filed with USCIS at the same time?

5b. If yes, how can I-94 extension be withdrawn later?

[jairichi]

5. It will still be processed by USCIS until you request for withdrawal.

5a. Yes.

5b. Request USCIS. If withdrawal is not possible then your spouse has to exit and enter US with a valid H1B visa and approval notice to be on H1B and work for employer.