Need advise ... Travel before L2 visa expiry

[reachme2799]

I am on L1 visa with my wife on L2 (both visa expiring on Jan 04,2014 but I 94 granted till 2016). I am planning to send my wife to india next week and she will return back to usa on 13-DEC-2013. (15 days before visa expiry).My questions are

1. What is the risk involved since she will have only 15 days of valud visa when she returns babk.

2. If she gets I 94 only till visa expiry date , can we apply for an I 94 extension since i have valid I 94".

3. I filed for a L1B to H1B COS , and curently my RFE is answered by my new employer , and i am waiting for a decision , if it gets approved by the time my wife returns back , is her L 2 still valid .

[jairichi]

I am on L1 visa with my wife on L2 (both visa expiring on Jan 04,2014 but I 94 granted till 2016). I am planning to send my wife to india next week and she will return back to usa on 13-DEC-2013. (15 days before visa expiry).My questions are

1. What is the risk involved since she will have only 15 days of valud visa when she returns babk.

2. If she gets I 94 only till visa expiry date , can we apply for an I 94 extension since i have valid I 94".

3. I filed for a L1B to H1B COS , and curently my RFE is answered by my new employer , and i am waiting for a decision , if it gets approved by the time my wife returns back , is her L 2 still valid .

1. No risk

2. She will get her I94 based on your petition validity date.

3. If your COS gets approved before her entry into US she has to apply for H4 visa to enter US. If not, she can enter with L2 visa and immediately have to apply for COS to H4 once your COS to H1B gets approved. Her L2 will cease to exist.