QUESTION
L1-B Visa expiring in Dec 2013 but I94 valid till March 2016, am I legally eligible to work in the US?
Asked on Sep 07th, 2013 on Immigration - California
More details to this question:
My L1 B Visa expires on 30th Dec 2013 while my I94 expires on 1st March 2016. 1) Am I legally eligible to work is US based on my I94? 2) Will there be any complication or issue for my H1 visa approval, if I stay in US (based on my I94) and file for H1 visa next year (in 2014)?
5 ANSWERS
Your L-1 visa stamp on your passport determines that you can travel to and from the U.S. With that visa. The I-94 determines your authorized stay in the country. If your I-94 expires on 3/1/2014, you are authorized to work for your L-1B sponsoring employer until that date. However, the 1st day that individuals can submit an H-1B visa application is April 1st, 2014, to begin employment not before 10/01/2014. It would be a good idea to consult with an immigration attorney and plan your options.
Answered on Sep 12th, 2013 at 2:13 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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You are authorized to stay and work in the U.S. until the date marked on your I-94. The problem with your plan is that you cannot file for H-1B until April 1, 2014, and your H-1B visa (even if your application gets approved) will authorize your presence and work in the U.S. only from October 1. You will be considered out of status as of March 1, and will not be able to change status to H-1B. You will have to leave the U.S. not later than March 1 - or obtain a change of status (or an extension of status) that would keep you legal in the U.S. until H-1B kicks in.
Answered on Sep 11th, 2013 at 8:53 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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It is very unusual that your I-94 is longer than the approved L-1B validity date. You should consult with your immigration lawyer for advise. I am afraid that if you continue to work after the CIS authorized L-1B expires you may have problem.
Answered on Sep 09th, 2013 at 6:36 PM
Immigration Attorney serving Los Angeles, CA
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Law Offices of Mary Lyn T. Sanga A Professional Corporation
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The validity period in your visa stamp determines when you can travel to the United States using that visa. It does not determine the period you can stay legally in the United States. Your authorized stay in the United States in your classification of admission is determined by your I-94. You are allowed to stay and work legally in the United States in L-1 status until the expiration of your I-94, provided you do not violate your L-1 status or otherwise fail to maintain lawful L-1 status. You may be eligible to change status to H-1B next year. Changing status to H-1B requires that you are in lawful status as of the time of filing (the earliest being April 1) and as of the time of requested start date (the earliest being October 1). Since your L-1 I-94 will not expire until March 16, you may be able to meet these two requirements. Please note that USCIS will look for maintenance of status at a minimum up to October 1, so you have to make sure that you will maintain your L-1 employment until you are granted change of status to H-1B.
Answered on Sep 09th, 2013 at 6:35 PM
As long as you are maintaining status on L-1B, then there should be no problem with the H-1B petition next year on that basis. The visa is your ticket as to when you can enter the U.S., while the I-94 tells you how long you can stay.
Answered on Sep 09th, 2013 at 6:35 PM