Critical: L1 expiring wednesday, H1 not approved

[josemarin]

My L1B visa expires this wednesday (19th sep) and my H1b is not approved yet. My company wants to wait till 18th to check if they get a approval, if not, they are going to file my L1B extension on 19th. My queries:

1. Is L1B extension filing possible through e-filing? Also I do not have any time to work on the L1B extension documentation. Am I ok if stay here based on the extension filing.

2. In case for some urgent work I need to fly anytime this month, would i face any issues getting back into the country because my I-94 has an actual expiry date of 19th sep and i left after my i-94 expired.

Please let me know if you have any suggestions.

[BenjaminTK]

1. Is L1B extension filing possible through e-filing? Also I do not have any time to work on the L1B extension documentation. Am I ok if stay here based on the extension filing.

It is quiet surprising to see that your company wants to do the L1B extension in the last minute. Pease remember that, when they say, they are going to file extension on L1B, it has to be done before your L1 status expires. Assuming, they send all the documents tomorrow using overnight shipping, USCIS willnot receive it until 20th and I don't know if they will accept the application for extension since your L1 is expired the previous day. Another question, why didn't the employer or you go with a premium processing for H1B? Looks like your company is kind of that "every dollar counts" company ( no offense please).

2) 2. In case for some urgent work I need to fly anytime this month, would i face any issues getting back into the country because my I-94 has an actual expiry date of 19th sep and i left after my i-94 expired.

Yes, it can cause you trouble. You might want to answer the questions by the immigration officer since your stay is illegal after I-94 expires.