my I94 expired but have a valid L1A i797 until dec 31 2019

[Abhishek Basavaraju]

Hi,

I work in Seattle, Amazon office. I recently noticed that my I94 expired on June 8th 2019. But my L1A i797 approval notice is valid until 12/31/2019. When i spoke to my company immigration attorney, she told me the only option I have is travel out of the country and get the visa re-stamped. But I read and heard from other people that a new visa stamping is not necessary but I just need to travel out of the country and re-enter. 

I am currently in Bangalore and I am not able to get any VISA appointments until August 27th. I tried requesting for an emergency appointment but my request was denied. I am on an administrative suspension and cannot work remotely as well. I need to get this issue resolved as soon as possible. Looking for some advice.

[xTDx]

On 6/14/2019 at 6:03 AM, Abhishek Basavaraju said:

Hi,

I work in Seattle, Amazon office. I recently noticed that my I94 expired on June 8th 2019. But my L1A i797 approval notice is valid until 12/31/2019. When i spoke to my company immigration attorney, she told me the only option I have is travel out of the country and get the visa re-stamped. But I read and heard from other people that a new visa stamping is not necessary but I just need to travel out of the country and re-enter. 

I am currently in Bangalore and I am not able to get any VISA appointments until August 27th. I tried requesting for an emergency appointment but my request was denied. I am on an administrative suspension and cannot work remotely as well. I need to get this issue resolved as soon as possible. Looking for some advice.

why would you not listen to your top tier employers attorneys? Your i94 has expired, you should leave usa asap. And if your visa is expired, yes you would need a visa stamp to come back. Pay the visa fee and then schedule an appointment, you will surely get dates in next 1-3 weeks. The dates they show you on dhs or traveldocs website are not  true.

[Abhishek Basavaraju]

Hi,

Thanks for your response. To be clear I did leave usa and I am currently in India. My visa is not expired. It is valid until May 6 2023 and my I797 is valid until Dec 31st 2019. What is expired is just my i94. 

What I need to know is if I can travel back to the usa with my current visa stamp and valid i797 or not and will I get a new i94 upon re-entry. 

[xTDx]

You do not need a new visa if you already have an existing valid visa in the same classifications. Employers listed on visa stamp do not matter , visa classification matter (H1b or B2 etc). So you can use existing unexpired h1b visa with a valid h1b approval petition to enter USA. You dont need to schedule an appointment at all.

[Abhishek Basavaraju]

Thank you. Just to clarify I am on L1A visa. The L1A visa is valid until 6 May 2023 with a Petition End Date of 31 Dec 2019 on the stamp. I have a L1A i797 valid until 31 Dec 2019. The i94 record on the i797 is valid until Jan 10 2020. 

Just wanted to double check with you if I require a new visa application or not. I came across this rule. Are you familiar with this? Looking at this I am confused as to if I need to re-apply for the same visa category or not. 

 

8 USC 1202: application for Visas: 
http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1202&num=0&edition=prelim 


(g) Nonimmigrant visa void at conclusion of authorized period of stay 
(1) In the case of an alien who has been admitted on the basis of a nonimmigrant visa and remained in the United States beyond the period of stay authorized by the Attorney General, such visa shall be void beginning after the conclusion of such period of stay. 
(2) An alien described in paragraph (1) shall be ineligible to be readmitted to the United States as a nonimmigrant, except- 
(A) on the basis of a visa (other than the visa described in paragraph (1)) issued in a consular office located in the country of the alien's nationality (or, if there is no office in such country, in such other consular office as the Secretary of State shall specify); or 
(B) where extraordinary circumstances are found by the Secretary of State to exist.