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Visa is expiring earlier than I-94 validity date

Manchester, MI |

I am on L1-B Visa which is valid till 6 Dec 2013. Recently I came back from a vacation from India and the immigration office gave me I-94 with dates 22 Apr 2016.
Does this mean that I can stay in US till 22Apr2016?
Do I need to file an L1-B extension?
My company has a rule that they won't file for a visa extension until 6 months prior to I-94 expiration. Is this rule correct?
What will be the case if L1-B extension (if filed) is denied and till which date i can stay in US.
If i stay in US after my L1 expiry but I-94 validity, Will this make me as out of status and cause issues in visa extensions and green cards?

Can i work after L1-B expiry and when I-94 is till valid and will this also allow my wife who is on L2 to live and work in US (she also has same dates)? Also i have been in US since Jan 2011, so technically i can be in US for a total 5 years only so I cannot use the complete time on I-94. Is this understanding correct.

Attorney Answers 5


If your L-1B visa is a Blanket L-1B visa, then it is appropriate that the officer granted you a three year period of stay on your I-94 card. Your I-94 card governs your immigration status, so you are eligible to remain in the U.S. lawfully for the validity period noted on the I-94 card, assuming it is correct. Keep in mind, however, that immigration officers frequently mark the incorrect expiration dates on I-94 cards, especially in the case of Blanket L visas, so it may be advisable to contact an experienced immigration attorney to make sure your I-94 card was issued correctly.

Still have more questions? We would love to speak with you! Contact Ellis Porter at 248-519-9900 for specific legal advice and guidance from one of our attorneys. Please keep in mind that any information we provide in an Avvo response is general in nature and is not based on an analysis of the specific facts of your case. Our response to your question does not create an attorney-client relationship, but please feel free to contact us to discuss how we can start a working relationship with you.

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I-94 governs.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Hi hope that you are well. You are in status for the time stated on your I-94. However, if you travel abroad you will need to get a new visa stamped before returning if such trip is made after your current visa expires. Best of luck!

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Forget about the visa. It is the expiration date on the I-94 that matter.

Please click the link below for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Know Your Rights!
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(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.

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Status is controlled by the I-94, not the visa stamp.

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.

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If my company files L1-B extension and it is denied, can i still work and live in US till the I-94 validity in 2016.

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