Dodgey advice from an immigration attorney?
#1
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Joined: May 2010
Posts: 51
Dodgey advice from an immigration attorney?
I am in the US on an L1A start up visa. My visa expires in a couple of months and I'm starting to speak to attorneys over here to see which one would be best for my renewal.
Anyway, during a conversation with one such attorney he tells me that as an L1 visa holder, any time I leave the US and come back I'm entitled to a 2 year stamp on my I94!? So he suggests that it would be possible to take a short trip to the bahamas and get a 2 year stamp.
Well, I have always been led to believe by numerous sources (most of them attorneys) that L1 holders are only entitled to a stamp valid up to the expiration of their visa. My numerous trips abroad in the last year have always resulted in a stamp that only lasts up to the expiration of my visa. When I told the lawyer this, his response was "well they don't like to give 2 years but you are entitled to it". Is this complete b*ll*cks or what?
Anyway, during a conversation with one such attorney he tells me that as an L1 visa holder, any time I leave the US and come back I'm entitled to a 2 year stamp on my I94!? So he suggests that it would be possible to take a short trip to the bahamas and get a 2 year stamp.
Well, I have always been led to believe by numerous sources (most of them attorneys) that L1 holders are only entitled to a stamp valid up to the expiration of their visa. My numerous trips abroad in the last year have always resulted in a stamp that only lasts up to the expiration of my visa. When I told the lawyer this, his response was "well they don't like to give 2 years but you are entitled to it". Is this complete b*ll*cks or what?
#2
Re: Dodgey advice from an immigration attorney?
The maximum period of admission is for validity of the "visa petition."
Note that I say "visa petition" and not "visa." In certain circumstances, as a general rule, it is possible to be admitted for beyond the validity of the visa.
Note that I say "visa petition" and not "visa." In certain circumstances, as a general rule, it is possible to be admitted for beyond the validity of the visa.
#3
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Re: Dodgey advice from an immigration attorney?
what's the difference between "visa petition" and "visa"? and how can this result in an I94 for longer than the expiration of the visa?
#4
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Joined: Jan 2004
Posts: 7,598
Re: Dodgey advice from an immigration attorney?
In general, a visa must only be valid at entry. It's perfectly fine for someone with a B2 visa valid for one more day to be admitted for up to one year.
Is there a petition date on your L? How many years have you been on the L?
Is there a petition date on your L? How many years have you been on the L?
#5
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Re: Dodgey advice from an immigration attorney?
There is only an issue date and an expiration date. There is no "petition date". I have been on the L1 for just under a year.
#7
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Joined: Mar 2004
Posts: 2
Re: Dodgey advice from an immigration attorney?
I know that you can do that on an E2, but then essentially you are landlocked.
I assumed maybe incorrectly that this was not possible on a L.
Presumably on a L you are going to need to travel anyway.
I have heard that those on a E2 who do this and then later do go to the Consulate for a visa are pretty much guaranteed a grilling.
Presumably you know in your situation that the real interview is after the 1 year, the initial visa is not so much an issue.
I assumed maybe incorrectly that this was not possible on a L.
Presumably on a L you are going to need to travel anyway.
I have heard that those on a E2 who do this and then later do go to the Consulate for a visa are pretty much guaranteed a grilling.
Presumably you know in your situation that the real interview is after the 1 year, the initial visa is not so much an issue.
#8
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Joined: Sep 2006
Posts: 1,966
Re: Dodgey advice from an immigration attorney?
It's happened to me several times that I am given a full 2 year renewal on my I-94 when entering with a current (not new) E3 visa; they don't seem to check the expiration date but just give me 2 years from date of entry. However if it goes past the date of LCA expiration, I (and my work) are unsure as to whether I can work until the date on the I-94 or just the date on the LCA... I usually get a new LCA and a new visa before the current one expires just in case. Also as mentioned, even if your I-94 gives you 2 more years, after the visa expires you are essentially stuck here. I travel for work and wouldn't be able to get back in without a new visa even if the I94 was ok.