QUESTION
Is it legal to stay and work in US with valid I-94 and without a Visa?
Asked on Jun 19th, 2012 on Immigration - California
More details to this question:
I am on L1B visa and my visa expires in Aug 2012. Recently i had to go out of the country and while re-entering US i was given new I-94 till June 2012. When i checked with the immigration officer he mentioned that i can stay in US unless i leave the country then will have to get a fresh Visa. I think he provided me I-94 date till 2015 based on 5 years validity period. But i would like to confirm if i can legally stay and work in US without a Visa but with valid I-94 date?
6 ANSWERS
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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It is the I-94 date that controls when you are in the U.S.
Answered on Jun 14th, 2013 at 12:34 AM
Rebecca T White
You will need to review your documents with the attorney who filed your L-1b. If the I-94 matches the I-797 approval dates, but goes beyond the dates on the visa endorsement in your passport, you are fine. However, I cannot fully tell the situation from the information below. You may need to file an extension of status.
Answered on Jul 03rd, 2012 at 11:41 AM
Thomas J. Rosser
Yes, you may stay and work in the US on the basis of your most recent admission and your approved L-1B status from USCIS. The I-94 validity date controls even though your L-1B visa will expire in August of this year . The next time you depart the US, however, you will need to consular process for a new L-1B visa (or other classification) before you will be granted lawful admission back into the US.
Answered on Jun 28th, 2012 at 6:19 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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The visa is only for the purpose of entering the US. It's the I-94 card that determines how long you are permitted to stay in the country. So, yes you can legally stay and work.
Answered on Jun 28th, 2012 at 6:06 PM
The visa is only needed for ENTRY to the US; it does not provide a status once you are in the US. The I-94 is the document that authorizes your period of stay in the US. Therefore, as long as the I-94 is valid and you are maintaining the status that is noted on the I-94, you are permitted to remain in the US even if you no longer have a visa. Of course, the next time you plan to travel internationally, before you are able to return to the US in the same nonimmigrant status, you will need to get a new visa on the basis of the approval notice of your petition or extension. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Jun 28th, 2012 at 5:28 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Your stay in the US is governed by the I-94, which should be the same as the approved L-1b status. Citizens of some countries need to have a passport valid six months beyond the validity date of the I-94 so we see sometimes the I-94 is shorter than the CIS approved work status. For example, if the L-1b is valid until May 1, 2015 but your passport expires on May 5, 2015, you may only receive an I-94 with authorized stay till November 5, 2014. It is unclear exactly what your I-94 says: June 2012 or 2015.
Answered on Jun 28th, 2012 at 5:06 PM