Visa validity versus I-95 dates

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Old Dec 11th 2009, 2:31 am
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Default Visa validity versus I-95 dates

I wonder if this has happened to anyone else.
Last week I visited the UK and while there I renewed my L1 visa stamp. The visa was issued on 7 December and is valid until 14 October 2011 (this was my first renewal after the initial 3 year).
I entered the US yesterday (9 December) thru Atlanta where the immigration officer stamped my I-94 and passport with the entry stamp with a validity until 9 December 2012.
How long can I stay in the US until? 14 October 2011 or 9 December 2012?
Odd question I know but which date takes precident, the consulate or the immigration officer?
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Old Dec 11th 2009, 3:36 am
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Default Re: Visa validity versus I-95 dates

I'm no expert, but I'm pretty sure the date on your visa is the date you go by
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Old Dec 11th 2009, 3:43 am
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Default Re: Visa validity versus I-95 dates

I-94
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Old Dec 11th 2009, 12:26 pm
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Default Re: Visa validity versus I-95 dates

Originally Posted by Vimto
How long can I stay in the US until? 14 October 2011 or 9 December 2012?
You can stay in the US until December 9, 2012. The expiry date on the I-94 trumps the expiry date on the visa. You should know, however, that prior to October 14, 2011 you will need to renew the visa if you want to travel outside the US... otherwise, from October 14, 2011 until December 9, 2012 you are landlocked, and can not leave and reenter the US without a renewed visa.

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Old Dec 11th 2009, 5:04 pm
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Default Re: Visa validity versus I-95 dates

Originally Posted by Vimto
I wonder if this has happened to anyone else.
Last week I visited the UK and while there I renewed my L1 visa stamp. The visa was issued on 7 December and is valid until 14 October 2011 (this was my first renewal after the initial 3 year).
I entered the US yesterday (9 December) thru Atlanta where the immigration officer stamped my I-94 and passport with the entry stamp with a validity until 9 December 2012.
How long can I stay in the US until? 14 October 2011 or 9 December 2012?
Odd question I know but which date takes precident, the consulate or the immigration officer?
Ian is correct. It used to be the case that immigration officers (CBP) stamped L-1 I-94s with the same expiration date as the visa. Now they stamp the I-94 for 3 years. However, if your maximum stay in L-1 status expires before the I-94, you should not stay past that maximum date, even if the I-94 suggests that you can. Yes, it's confusing.
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Old Dec 12th 2009, 1:27 am
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Default Re: Visa validity versus I-95 dates

Originally Posted by Vimto
I wonder if this has happened to anyone else.
Last week I visited the UK and while there I renewed my L1 visa stamp. The visa was issued on 7 December and is valid until 14 October 2011 (this was my first renewal after the initial 3 year).
I entered the US yesterday (9 December) thru Atlanta where the immigration officer stamped my I-94 and passport with the entry stamp with a validity until 9 December 2012.
How long can I stay in the US until? 14 October 2011 or 9 December 2012?
Odd question I know but which date takes precident, the consulate or the immigration officer?

Henryh and Ian are 100% correct; I know for sure that the I-94 trumps the Visa, no doubt whatsoever.

Probably the immigration officer made a mistake but anyway you can stay until December 2012. However, if you leave the Country (unless you go to Mexico or Canada) you will have to surrender the I-94 you actually have. Upon your new entry to the US the immigration officer will most likely give you a new I-94, valid until 14 October 2011 only, you got to have that in mind.

Last edited by marielawson; Dec 12th 2009 at 1:48 am. Reason: Correction
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Old Dec 13th 2009, 1:38 am
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Default Re: Visa validity versus I-95 dates

Originally Posted by lisa67
I'm no expert, but I'm pretty sure the date on your visa is the date you go by
well you learn something new every day ..told you I wasn't an expert..thank goodness some people on here are
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Old Dec 13th 2009, 3:14 pm
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Default Re: Visa validity versus I-95 dates

I have sent copies of my visa stamp/label, I-94 and passport stamp to the company immigration attorney so they can give me a definitive answer from their side at least.
Meanwhile my boss has told me that she will approve my Green card application in the new year via the company so hopefully I will have that before either the visa or the I-94 expire which ever comes first.
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Old Dec 13th 2009, 10:36 pm
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Default Re: Visa validity versus I-95 dates

Originally Posted by Vimto
I have sent copies of my visa stamp/label, I-94 and passport stamp to the company immigration attorney so they can give me a definitive answer from their side at least.
Meanwhile my boss has told me that she will approve my Green card application in the new year via the company so hopefully I will have that before either the visa or the I-94 expire which ever comes first.
The green card application may take 2 years. Hopefully you will do well.

Good luck.
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