L1 B expiry 03/01/2014. I94 expiry Sep 2016. Can I stay and work in US after 03/01. Can my employer file for H1B during the xtension period.


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Facts: 
1. I-797 Petition expiration date: Valid Indefinitely 
2. I94 expiration date: Sep 10, 2016 
3. L1 Blanket Visa Expiry: March 01 2014 

Questions: 
1. Can I stay and work in US post L1 expiry date i.e. 03/01/2014 ? 

2. If my company files for L1 extension on Feb 2014(before the expiry). I have been informed that if the extension is rejected than I will get a grace period of 240 days and can stay in US for 240 days more.
Can my employer file a H1B in April i.e. in the 240 days grace period?

3. Is it advisable to file the L1 B extension from US or India? My lawyer told me that If I file L1B extension from India then it has higher chances of getting approved as compared to US because of lesser scrutiny. 
I am currently in US can travel to India for L1B extension easily. 

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You I-94 date means you can stay in US till that date. But your I-797 end date defines the last day that you can work on L1 Visa. The company can not run run your payroll beyond end date of I-797. I have personally experienced it so I am 99.99% sure this information is accurate . 

 

The 240 day period is period that you can stay and work in US while your L1 extension is in progress. If your extension result does nto come before 240 days , the 240th day is when you have to leave US. Once your L1 extension is rejected you have to leave US immediately . But since your I-94 has a 2 years on top of I797 you won't face that situation.  

 

There is nothing called L1 extension from India. The application goes to one of two processing centers in US. If you are out of US it may go to a different center but still it does not get processed in India. 

 

I must emphasize that DO NOT WORK after your I797 expires.My I-94 had 3 months on top of my I797 and my payroll was turned off the day my immigration team realized that my I797 has expired(I was in 3rd week after my I797 last day).  

 

Hope this helps. 

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