L2 can travel as L1 stay is based on I-94 validity and L1 Visa expired

[skumar2010]

Could you please suggest me on the below situation? I am on L1B.

My Visa is Valid till Oct 2016 and I-94 is valid till Dec 2018.

My Spouse visa is valid till Nov 14 -2017 and I-94 is also valid till the same date

My company already filled spouse I-94 extension and received receipt number.

 

Due to some emergency, she need to travel India for 1 week.

1)Whether she can travel India as her I-94 extension application is in progress

2) She can re-enter USA without any problem as my visa valid till Oct 2016 and I-94 Dec-2018

And her visa and I-94 is valid till Nov 2017.

 

Please suggest

[pontevecchio]

The visa is only an entry document. She can come back with your L1 petition approval and her L2 visa.

[skumar2010]

Thank you   . What would be her I-94 date , it's based on her visa expiry which is Nov 2017 or My I-94 expiry date -Dec 2018 . Please suggest.

 

[pontevecchio]

Her I94 will be till your L1 Petition expiry which will be mentioned in your L1 petition approval. VISA is only for entry.

[skumar2010]

Thank you so much

What about her current application for I-94 extension  ?  it is going to abandoned because of her travel?

 

[pontevecchio]

It is irrelevant as she is not in status once she leaves .