Hi, I am having valid L1B visa until 20th July 2013 but my maximum stay (5years) in US on L1B is getting over in May-2013. So would like to know if I can stay in US until my VISA expiration (July-2013)?"
The I-94 is what controls not the visa which is only used for entry consideration purposes at the border after inspection and admission by the USCBP Inspector at the port of entry. You can ad an additional 2 years "if" you qualify for an L-1A upgrade otherwise you must depart timely after the expiration of your maximum stay on your L-1B. You should consult competent immigration counsel to discuss and explore potential options if any.
You cannot remain in the US in L-1B status more than 5 years.
Please click the link at the very bottom for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
The visa is only valid for travel to the US. What determines your lawful status in the US is the I-94. This is the date by which you either have to depart the US, or apply for a change of status to another lawful status.
My response to your question does not create an attorney-client relationship, nor is this information to be construed as legal advice. If you would like to have a consultation or require representation, please contact our office directly: (512) 348-7966