L1B Visa and I129S Expiring

[Thiru]

Hi ,

MY L1B Visa is expiring on 10DEC2011 and my I129S is also expiring on the same day. Where as I-797 valid indefinitely and I-94 valid till FEB2014.

During my first travel , i got the I-94 date as 10DEC2011 and stayed for one year and during my second travel , i got the I-94 for next three years. (i,eFrom FEB2011 to FEB2014)

Can someone help me on this

Q) Is it legal to continue , to stay and work in US, with the above situation . ?

Q) Into what Status i will be after 10DEC2011

Q) Which will determine my current status ,is it I129S or I-94 . ?

Thank You

Thiru

[Attorney_23]

Ordinarily, the beneficiary of a blanket L-1 petition is initially admitted for 3 years, regardless of the expiration date of the petition. If the beneficiary is seeking readmission as a Blanket L-1, the Blanket Petition is still valid, and the beneficiary is otherwise admissible, the beneficiary will generally be admitted for an additional three years regardless of the balance of the time left on the original admission.

In short, the expiration date on the I-94 card usually dictates how long the individual may remain in L-1 status in these types of situations. If you wish to have someone review your documents and provide a more thorough evaluation, please consult with an experienced attorney.

[Thiru]

Thank You Attorney ,

I got another Q , Just arised. During this period (When iam on L1-Status , by my I-94 and after the current L1B petition expiry) , Can one apply for a new L1B petition, while staying and working in US . If so ,and if approved by USCIS, will i get a new I-94 card with revised dates. By then which document will tell , into which status iam and for how long.

Thanks

Thiru

[Attorney_23]

A foreign national who enters the U.S. on a Blanket L-1 and remains in valid L-1 status may ordinarilly file a petition to extend his/her status. Assuming the petition is approved, USCIS will issue an approval notice with the updated I-94 validity dates.

[Thiru]

Thank You Attorney .

So , its sounds like only filing a L1- extension is possible while, one remains in Valid L1- status.

Suppose , if one needs to travel for vacation after the Visa expire and in a situation to come back soon and not able to apply for an extension while in US(due to the 6 month rule) , what kind of (Extension or new) and where the petition can be filed to get the Visa stamp .

Thank You ,

Thiru

[Attorney_23]

I'm not sure which "6 month rule" you are referring to.

In any case, if your company has a valid blanket, you can apply for a new visa at a Consulate.