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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?

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Attorney answers 5

Posted

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.

Asker

Posted

My L1B is expired though, does it make a difference since I'm on I-94?

J Charles Ferrari

J Charles Ferrari

Posted

It is the I-94 that controls status.

Asker

Posted

Thanks for the reply

Posted

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.

Asker

Posted

Thanks for the reply. We will file for I-94 extension through an attorney.

Posted

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

Alexus P. Sham alexuspshamesq@gmail.com (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.

Asker

Posted

I am confused because of 2 things: 1) In case we do his I94 extension now and my H1 gets approved later in Nov, can we still do his H4? 2) What are the complications of doing his I94 extension now while waiting to see if my H1 gets approved or not? The reason I don't want to wait is because I still have not received my H1 receipt nor have I received the reason for RFE, I have only been notified that it is in RFE status and will get details in the next couple of weeks. So it appears that the whole case of H1 might be delayed.

Posted

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

Asker

Posted

Will my husband's I-94 extension be affected in any way due to my H1 being in RFE? Since it is in RFE, I will not know if I get through or not until after a couple of months later.

Daniel Patrick Hanlon

Daniel Patrick Hanlon

Posted

It depends on whether or when the H-1B is approved. Consult with an attorney.

Posted

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 www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

Asker

Posted

What happens if the L2 is approved last and I am no longer on L1?

Anu Gupta

Anu Gupta

Posted

Then you have a problem