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My L1B visa is getting expired, Company filed L1A Individual Premium Processing (not COS). Can i Stay in US till i get Approval?

Jersey City, NJ |

L1B getting expired on Jul22, Company filed L1A Individual Processing not Change of Status(because they dont have time to apply for COS, as per COS rule it seems they have to apply six months before visa expire date).
Can i Stay till i get approval?
L1A Individual Approval will have I94?
If i go now, will this L1A processing will get cancelled or i can use the approval notice for Visa stamping?
Are there any drawbacks?
thanks in advance.

-Kishore

Attorney Answers 3


  1. No. You must leave by the expiration date of your I-94

    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. Typically, if you apply for COS before your current status expires, you can stay in the country while the application is pending. It seems a bit odd that your L1A application did not include COS since you are currently in the US unless the company had a good reason for it. I would double-check with the company attorney to make sure about what they filed.

    Viera Buzgova (512) 476-7163. The information above is general in nature and does not constitute legal advice. 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. You should retain an attorney to review all the facts specific to your case in order to receive advice specific to your case.


  3. Are you certain this is what is happening? Does the company have an immigration lawyer you can speak with about this? If you apply for COS while in status, as noted above, you can remain. However, if not, the I-94 date prevails and you will fall out of status (so you need to leave). But this would be very odd. I'd double check.

    This is not legal advice and no attorney-client relationship has been formed, now or in the future. This is just a casual opinion expressed about a hypothetical situation.

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