L1B Visa expiring in 20 days dependents travel

[rajug123]

Hi- Please help me urgent -

My Visa is expiring on 4th Jan - and H1B has cap is closed before filing extension.

My dependents are in India my i 94 is expiring in June can My dependents go to Visa based on my i94 ? we have not yet filed the l1 extension . will the dependents visa be granted on the i94 ? .

also can i stay in US till June s my i94 is valid till that date with out my visa and petition Validity ? will have any issues in future .

Please advice .

Thanks

[Attorney_23]

Ordinarily, a foreign national in valid L-1 status may continue working pursuant to such status, regardless of when his/her visa expires. The individual's qualifying dependent family members are generally entitled to apply for an L-2 visa, even if the principal's visa has expired.

That being said, you need to ensure that your I-94 is truly valid until June. Am I correct in assuming that you entered under a company's L-1 Blanket?

[rajug123]

Thank you Attorney - Yes I have entered with a L1 Blanket . My wife has L2 valid till Jan 04 2012 only my kid ( 13 months old) doesnt have Visa , Now do i need to Process Visa for Both of them based on my I94 expiry or Just for My kid if they can travel Before Jan1 St .

Please Help me . if they can travel before 1st Janualy ( 4 days till the Visa expiry of My wife will they be allowed to enter based on my i94 , or do you suggest getting the Visa stamped for Both of them as my i94 is valid till June and then travel . My company says that there is a huge risk in doing Visa based on I94, and Visa officer will not give the Visa . and they are holding it not processing the Visa .

Thanks .

[Attorney_23]

The Consulate is permitted to issue the L-2 visa based upon the dependent's valid L-1 status. CBP will ordinarily admit a person with an L-2 visa, even if it is close to the expiration date. That being said, the Consulate and CBP can exercise discretion to deny the visa/entry. You may wish to schedule a consult with an experienced attorney who can review your records and help you determine how best to proceed.