L2 visa extension based on valid L1 A i94

[ashek]

Hi All

 

below is the status of our visa, petition and i94

 

Spouse

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Visa: L1A

Visa Expiry: April 2015

Petition: L1A Blanket

i94: April 2017

 

My Details

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Visa: L2

Expiry: April 2015

Petition: Dec 2017

 

My Spouse and I have not filed for extension since i94 is valid. I need to travel India for an emergency but since visa has expired, I could not be able to return US.

 

My Question - can we file visa/petition extension for me, ie for L2 visa holder, without applying extension for my spouse ie L1A visa holder/

 

Thanks

[jairichi]

You can get a visa stamping done at US consulate using a copy of your spouse's I797.

[ashek]

Thank you for the reply.

just to make sure I understood correctly.

 

even though my spouse's visa is expired, I can still apply for my visa extension based on my spouse's I797 and i94?

 

Would it be my spouse's company that has to file for my extension?

[jairichi]

Thank you for the reply.

just to make sure I understood correctly.

 

even though my spouse's visa is expired, I can still apply for my visa extension based on my spouse's I797 and i94?

 

Would it be my spouse's company that has to file for my extension?

Yes, your understanding is correct. You might be eligible for dropbox.

Why do you need for extension in US when your I94 is still valid?

[ashek]

I am in Inida now. Had to travel for a family emergency. So my L2 visa is expired and I cannot travel back to US unless I get my visa extended.

 

but as mentioned above, my Spouse's visa is also expired and we do not want to file for his extension as there is a risk of it getting rejected.

[jairichi]

I am in Inida now. Had to travel for a family emergency. So my L2 visa is expired and I cannot travel back to US unless I get my visa extended.

 

but as mentioned above, my Spouse's visa is also expired and we do not want to file for his extension as there is a risk of it getting rejected.

Got it that you are currently in India. For your L2 visa it does not matter whether your spouse has a valid visa. All that matters is whether he has a valid L1 petition and I94. Since he has both you can go for L2 visa stamping with a copy of your spouse's I797.