Skip to main content

Overstayed in L1-B more than 180 days. Can i make a short term B1/B2 trip with valid B1 visa, which was stamped before my L1-B?

New York, NY |

Hi,

I had previously overstayed my L1-B visa more than 180 days of my employment,but exited the country before the expiry of my i-94 & I also have a valid B1/B2 visa till 2020. Can i now make a trip to U.S with my B1/B2 visa for a short term, will that cause any issues for me at port of entry?

Thank you!

Attorney Answers 3

Posted

The I-94 and not the visa governs how long you can stay in the U.S. If you left before the I-94 card expired then you have not accumulated any unlawful prsence that woudl affect future entries. That being said each time you enter the CBP Officer can judge your nonimmigrant intent based on what you say, your current visa and how much time you have spent in the U.s. recently.

--
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration Law

2221 Camino Del Rio South, Suite 201
San Diego, CA 92108 | (619) 299-9600
Fax: (619) 923-3277
website: www.immigrateme.com

Former Adjunct Professor -- Immigration law
University of Illinois College of Law

Mark as helpful

1 found this helpful

1 comment

Asker

Posted

Thank you. I can now make my travel without any stress.

Posted

Need additional facts to be answer this question, i would recommend that you consult with an immigration attorney prior to deciding to travel on B1/B2, which was issued prior to issuance of L1-B. It appears your B1/B2 is not valid more after stamping of L1-B.

Madhu Kalra Kalra Law Firm 23720 Arlington Avenue, Ste 5 Torrance, Ca 90501 (310) 325-9012 http://www.thekalrafirm.com

Mark as helpful

4 comments

Asker

Posted

My B1/B2 seems to be valid even after an L1 stamping, since when I arrived on L1 at JFK last time, the CBP initially tried to issue me an i-94 with B1, despite of me showing my work documents, then I clarified him that I'm on L1 this time to which the CBP issued me an L1 I-94.

Madhu Kalra

Madhu Kalra

Posted

It appears that when your visa was changed to L1, B1/B2 visa was cancelled procedurally.

Asker

Posted

are u sure? because I made 2 trips in L1 and 1 trip in B1/B2. The scenario which i mentioned above happened during my 2nd visit, if my B1/B2 was cancelled procedurely during an L1 entry, how come it was valid even during my 2nd visit? beside, why would USCIS cancel an B1/B2 just because some one has got a L1 unless the individual has not involved in any immigration breachment or crime?

Madhu Kalra

Madhu Kalra

Posted

One person can have one visa at a time. There is some mistake somewhere. You can call consulate office and find out if your B1/B2 stamping prior to L1 stamping is still valid.

Posted

You sure can board the US bound flight and present yourself for admission on B status to the CBP inspector at the airport. He or she will have your entire immigration history pop up in their screen, and of you can convince the inspector of your visit being only of a temporary nature, you will in all likelihood be admitted. Prepare yourself to answer all types of questions as to what you do, where you work, and etc. kindly note you did not "overstay" last time since you left PRIOR to your I-94's expiration date. (As you can understand from all this a consular visa is nothing more than permission to board the next US bound flight of your choice and ask or "admission" in a certain pre-approved category.. It then becomes up to the inspector whether to admit you or not . Once admitted (in the past, at least) you were given a stamped I-94 card, whose expiration date (and no longer the visa) governed the terms of your stay.

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.

Mark as helpful

1 lawyer agrees

Education law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics