Help. i-94 expired but valid L1 & L2.
#31
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Joined: Mar 2011
Posts: 379
Re: Help. i-94 expired but valid L1 & L2.
Wrong dates on white I94 on entry
Once they stamped B2 with six months
Both times we spoke to work, who liased with whoever it is
Then received in the mail a green or brown colored I94 that we stapled to white I94 when leaving US
We have been lucky enough to have 7yr L visas, forgetting to even do Embassy(big woops) and still got back to USA and with no issues on next visits. Blimey even got an L2 valid through 2015 on I94, when started 2007!!!!. Even with this drama, in and out of London Embassy in 30mins back in March
This is pure luck and I expect it to bite back, one day!
This I suspect has been luck,
#32
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Joined: Aug 2012
Posts: 24
Re: Help. i-94 expired but valid L1 & L2.
We have had two occasions where
Wrong dates on white I94 on entry
Once they stamped B2 with six months
Both times we spoke to work, who liased with whoever it is
Then received in the mail a green or brown colored I94 that we stapled to white I94 when leaving US
We have been lucky enough to have 7yr L visas, forgetting to even do Embassy(big woops) and still got back to USA and with no issues on next visits. Blimey even got an L2 valid through 2015 on I94, when started 2007!!!!. Even with this drama, in and out of London Embassy in 30mins back in March
This is pure luck and I expect it to bite back, one day!
This I suspect has been luck,
Wrong dates on white I94 on entry
Once they stamped B2 with six months
Both times we spoke to work, who liased with whoever it is
Then received in the mail a green or brown colored I94 that we stapled to white I94 when leaving US
We have been lucky enough to have 7yr L visas, forgetting to even do Embassy(big woops) and still got back to USA and with no issues on next visits. Blimey even got an L2 valid through 2015 on I94, when started 2007!!!!. Even with this drama, in and out of London Embassy in 30mins back in March
This is pure luck and I expect it to bite back, one day!
This I suspect has been luck,
#33
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Joined: Feb 2011
Posts: 559
Re: Help. i-94 expired but valid L1 & L2.
Generally speaking, if the petition was only valid until March 2013 then the expiration date of the visa should reflect that (the visa is only valid as long as the circumstances underpinning the petition haven't changed, after all). On the other hand, if the petition and visa were valid for longer then they shouldn't have only admitted you until March. So it looks like something has gotten cocked up somewhere along the line; where and by whom, I have no idea. Let us know what the lawyer says.
#34
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Joined: Aug 2012
Posts: 24
Re: Help. i-94 expired but valid L1 & L2.
Generally speaking, if the petition was only valid until March 2013 then the expiration date of the visa should reflect that (the visa is only valid as long as the circumstances underpinning the petition haven't changed, after all). On the other hand, if the petition and visa were valid for longer then they shouldn't have only admitted you until March. So it looks like something has gotten cocked up somewhere along the line; where and by whom, I have no idea. Let us know what the lawyer says.
So it's all really confusing and I'm feeling physically sick about it because after being so relieved that we'd finally gotten through the best part of a year taken up by applying and waiting and going to the embassy and moving our lives hundred of miles away.... it's now dawned on me that this may all have to be done again from scratch, at cost, and with me out of the US where my home and work are. I can't eat or sleep properly this week.
This thread is helping though, so thank you everyone who is updating with thoughts and advice and stories. Really.
#35
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Help. i-94 expired but valid L1 & L2.
Hopefully you can sort this out. Be aware that you appear to be out of status and, if so, could be placed I to removal proceedings at anytime.
#36
Re: Help. i-94 expired but valid L1 & L2.
To the OP, I have my fingers crossed for you. Having had our move to the US taking over our lives for the last 5 months I completely understand how once arriving here all you want to do is begin to start your new life, or adventure and hope that you have seen the back of the reams of paperwork, stress etc.. I hope you get some positive news this afternoon
Last edited by HartleyHare; Jun 25th 2013 at 9:24 pm. Reason: Realised that I797 and petition are same thing!
#37
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Joined: Aug 2012
Posts: 24
Re: Help. i-94 expired but valid L1 & L2.
I have been following this thread and as we have recently arrived I have taken a look at our visas/paperwork. Our I797, and I94 are all valid until May 2015, but our visas (L1 and L2) are valid until 2018. Having a very quick look the web, I have seen that we can apply to extend the petition and I94 should the need arise (whether it gets approved or not is a different matter!). Assuming in this case it was approved, would we need to get a new visa, or would the current one still be valid? The visa has a PED of May 2015.
To the OP, I have my fingers crossed for you. Having had our move to the US taking over our lives for the last 5 months I completely understand how once arriving here all you want to do is begin to start your new life, or adventure and hope that you have seen the back of the reams of paperwork, stress etc.. I hope you get some positive news this afternoon
To the OP, I have my fingers crossed for you. Having had our move to the US taking over our lives for the last 5 months I completely understand how once arriving here all you want to do is begin to start your new life, or adventure and hope that you have seen the back of the reams of paperwork, stress etc.. I hope you get some positive news this afternoon
#38
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Joined: Oct 2007
Location: Charlotte,NC
Posts: 1,717
Re: Help. i-94 expired but valid L1 & L2.
I have been following this thread and as we have recently arrived I have taken a look at our visas/paperwork. Our I797, and I94 are all valid until May 2015, but our visas (L1 and L2) are valid until 2018. Having a very quick look the web, I have seen that we can apply to extend the petition and I94 should the need arise (whether it gets approved or not is a different matter!). Assuming in this case it was approved, would we need to get a new visa, or would the current one still be valid? The visa has a PED of May 2015.
#39
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Joined: Aug 2012
Posts: 24
Re: Help. i-94 expired but valid L1 & L2.
That is positive news. Do you have a link on that?
#42
Re: Help. i-94 expired but valid L1 & L2.
I was just thinking the same thing. Our I94 exit date matches the expiration date on our I797. The OP has said that this is the case with him too. What's not clear is why the I797 was valid for only 7 months (OP came over in Aug 2012). Like you say, there may have been a mistake made on the original petition. I am only commenting from the point of our L1-A though, not sure about other L1 categories.
#43
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Joined: Oct 2007
Location: Charlotte,NC
Posts: 1,717
Re: Help. i-94 expired but valid L1 & L2.
I was just thinking the same thing. Our I94 exit date matches the expiration date on our I797. The OP has said that this is the case with him too. What's not clear is why the I797 was valid for only 7 months (OP came over in Aug 2012). Like you say, there may have been a mistake made on the original petition. I am only commenting from the point of our L1-A though, not sure about other L1 categories.
My PED is June 2016 and my visa is until June 2016 but my I-94 is Sept 2015 as that is when my passport expires.
#44
Re: Help. i-94 expired but valid L1 & L2.
Hi, please help I moved to the US from the UK with my wife last year in August 2012.
I am on a 5 year L1 nonimmigrant visa expiring Aug 2017 with my wife on a spouses L2 visa which expires in Aug 2014.
When we entered the US, both our i-94 forms were stamped but the stamp has 20 March 2013 written on it (possibly as her passport was due to expire - she has since renewed it). However it's now June 2013 and I've only just realised. Could this could have an implication for re-entry to the US. I'm due to travel on my own to the UK in 4 weeks and I don't want to be denied re-entry back due to this oversight.
Our Visas are valid but I'm now worried that overstaying the i-94 could render that meaningless?
I am on a 5 year L1 nonimmigrant visa expiring Aug 2017 with my wife on a spouses L2 visa which expires in Aug 2014.
When we entered the US, both our i-94 forms were stamped but the stamp has 20 March 2013 written on it (possibly as her passport was due to expire - she has since renewed it). However it's now June 2013 and I've only just realised. Could this could have an implication for re-entry to the US. I'm due to travel on my own to the UK in 4 weeks and I don't want to be denied re-entry back due to this oversight.
Our Visas are valid but I'm now worried that overstaying the i-94 could render that meaningless?
I've recently been consulted and acted "of counsel" on a similar case. I suggest STRONGLY that you contact the company's lawyer ASAP. [In the one I'm working on, we are making a big point that the system means that the only notice given is by CBP to the employee at the end of a long transoceanic flight and no notice to the employer].
Several points -- the overstay has had the effect of INvalidating the visa. The visa may be "prima facie" valid, but it is de jure worthless.
Also, not so long ago, Department of State "delinked" visa validity from the petition and only the"reciprocity table" will apply. So, it has always been possible for the visa to be valid beyond the passport validity, it is now possible for the visa to be prima facie valid beyond the petition validity.
On top of, the employee's priority date on EB-3 just became current.
Unfortunately, more than 180 days have elapsed since the I-94 expired, so alien is looking at 3-year bar to getting a new "visa."
I was brought in when the employer's attorney went to do the petition extension and gave the legal opinion of "oh shit" when she saw what happened. The first attempt to extend the petition was DENIED, we now have a motion to reconsider pending and the Dark Forces have had that one now for seven months.
We will now be filing the I-485 and hope to link the MTR and adjustment.
You may have a total FUBAR here. You NEED a lawyer and a particularly good one. And that lawyer will not guarantee good results.
Good luck.
#45
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Location: Westchester NY
Posts: 337
Re: Help. i-94 expired but valid L1 & L2.
After my overstay and the subsequent cost to OH's company to get it all sorted they introduced a new policy for all employees with visa's in the US. After each trip overseas employees and family members have to send a copy of their current I-94 to the companies immigration attorneys office to be put on their file.
As we now have GC's not sure if the policy has been amended now that I-94 process has changed.
As we now have GC's not sure if the policy has been amended now that I-94 process has changed.