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Can I apply for my husband's I-94 extension?

San Antonio, TX |

My L1B expired but have valid I-94 till Nov-2014. My husband's L2 visa expired as well and his I-94 is expiring in Dec-2013. My H1 was filed this year but is currently in RFE status. So I do not know if I will get through my H1 or not until October. Can i still go ahead and apply for my husband's I-94 extension now? Can I self-apply or do I need to go through an attorney or my employer?

Attorney Answers 5

  1. Yes, if you are still in L-1B status.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

  2. Since it is your husband who needs to extend his status, it is HE who needs to apply for it and no one else. To be able to extend his L-2 status, husband will need to provide documentary proof of your still being in valid L-1B status. Always better to file through an immigration attorney, that way husband will be sure there will be no mistakes or omissions which could cost him dearly.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  3. You or your husband can apply. But it is best to consult with your attorney.

    Alexus P. Sham (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

  4. He may file for an extension coterminous with your L-1 status.

  5. He is currently in valid status. You will find out about the H1 in the next month or so. Suggest you wait. If the H1 is approved, you will need to file a H4 immediately to change his status. If the H is denied, you can file to extend his L2.

    If you file to extend his L2 now, and your H1 gets approved, you will still need to file his H4. The problem then is that the petition that gets approved last (L2 or H4) will be his legal status. If it is the L2 and you are no longer on the L1, ...

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.