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PostL1B expiry, what is theLegal status of I94 issued at port of entry if no explicit visa extension done to obtain extended I94

Stamford, CT |

In case of expired L1B VISA, if a person has a valid I94 with expiry beyond original VISA expiry , can he stay in country and still be considered to be in legal L1 status till his I94 expiry?

Is it possible to transfer such a status to H1B after VISA expiry through a L1b to H1 B transfer processing?
Post L1B visa expiry, can the I94 issued at port of entry still be considered valid and used to convert the status to H1B? Will USCIS have any issues approving such L1 to H1 transfer if extended I94 was not obtained through proper VISA extension processing for original L1B ?

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Attorney answers 3


The date on your I-94 determines the validity of your status as long as you work for the company that petitioned you.


You can stay. It is perfectly legal for the duration of the I-94. You cannot travel. If you leave, you need to stamp a new visa in your passport.

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.For legal advice please contact us directly through one of the above.


I agree with my colleagues.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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