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I-94 extension as visa is valid for 2 more years

San Jose, CA |

Hi,
My I-94 is expiring in July'2013 as I got I-94 based on my passport expiry. I've now renewed my passport. Is it possible to get an I-94 extension while in US? My L1 visa is valid for 2 more years i.e. till 2015.

Is it also possible to extend I-94 either in San Jose or San Francisco?

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Filed under: Immigration US visas
Attorney answers 5

Posted

Yes, Ask your employer to seek extension for you.

Asker

Posted

Hi Dinara, My company's attorney told us that it is not possible to extend I-94 while in US. I need to travel out of country and then re-enter US for a new I-94. Can you please give me some more detailed pointers for I-94 extension while in US, which I'll forward to my company attorney. Any help will be highly appreciated. Thanks.

Posted

You cannot file for an extension of L1 visa, your employer can. You should have started by talking to the employer's attorney. There is a good chance you could have avoided the need for this question.

Asker

Posted

Hi, I asked for I-94 extension, not L1 visa extension.

Posted

Yes, I-94 can be renewed by the employer or their attorney.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; 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.

Asker

Posted

Hi Alexander, My company's attorney told us that it is not possible to extend I-94 while in US. I need to travel out of country and then re-enter US for a new I-94. Can you please give me some more detailed pointers for I-94 extension while in US, which I'll forward to my company attorney. Any help will be highly appreciated. Thanks.

Posted

Yes, you can extend it .. by mail to a USCIS dropbox .. not at a local office.

Talk to the company's immigration attorney, not a non-attorney in HR.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Asker

Posted

Hi, is it illegal to stay in US if I-94 expires?

F. J. Capriotti III

F. J. Capriotti III

Posted

Yes, VERY ILLEGAL. The I-94 is the 'internal visa' that controls a person when they are inside the US. The visa stamp in the passport is an 'external visa' and only has value when requesting entry into the US ... and issuance of the I-94. You had better talk to the company lawyer immediately ... you clearly need to understand your status better than you do right now.

Asker

Posted

Hello Mr. F.J. Capriotti, My company's attorney told us that it is not possible to extend I-94 while in US. I need to travel out of country and then re-enter US for a new I-94. Can you please give me some more detailed pointers for I-94 extension while in US, which I'll forward to my company attorney. Any help will be highly appreciated. Thanks.

F. J. Capriotti III

F. J. Capriotti III

Posted

I will not 'venture' a guess as to why your company's lawyer thinks it isn't possible to extend a currently valid I-94 if there is a petition that is valid for a date-certain further in time than the I-94 expires. I think you should sit-down ... IN PERSON with the lawyer to obtain clarification. Perhaps he/she knows more than you do ... and, therefore ... more than you were able to tells us/me.

Posted

I-94 determines your lawful presence. Your employer will seek extension if they wish you to continue to work on L-1.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

Asker

Posted

Hi Tripti, My company's attorney told us that it is not possible to extend I-94 while in US. I need to travel out of country and then re-enter US for a new I-94. Can you please give me some more detailed pointers for I-94 extension while in US, which I'll forward to my company attorney. Any help will be highly appreciated. Thanks.