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Currently in US on L1B (Blanket) visa which expires in Dec

 
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Customer Question

Currently in US on L1B (Blanket) visa which expires in Dec 2012. I94 also ends same date. If I travel outside US now (say July 2012) and return, what is the possibility that new I94 be extended by one more year (beyond visa expiry date)? Anything can be done to increase that possibility?

 

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State/Country relating to question: New Jersey

Submitted: 318 days and 4 hours ago.
Category: Immigration Law
Value: $30
Status: CLOSED
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Expert:  Longhorn Lawyer replied 318 days and 3 hours ago.

Hello! And thank you for your question! While we are working together, I also may be working with other customers, so you may experience delays. Please be patient as we work through this process - your questions WILL be answered in the order they are received.

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QUESTION: If I travel outside US now (say July 2012) and return, what is the possibility that new I94 be extended by one more year (beyond visa expiry date)? Anything can be done to increase that possibility?
ANSWER: There is no way that you will be issued an I-94 past the date on your visa stamp. Visa stamps expire so that the when you reapply, the Department of State can investigate your background to make sure that you remain eligible for a visa.

If you want an I-94 to go past December 2012, you must get a new visa stamp before you attempt to re-enter.

I hope I have answered your questions. Please click one of the ratings below, to let me know if the information I've provided has been helpful, or if you need further clarification.

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Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question.

Thank you!

Customer replied 318 days and 3 hours ago.

I know several cases where the I94 is beyond visa expiry date. So, I am not sure if you are right in saying that I94 can never be past the visa date. Can you double check that please. Are you saying it can never happen or that it cannot happen in my case as I already got one I94? Assuming that it can be extended, a quick follow up - if I travel out alone and got a I94 extension, how to make the new date reflect in spouse/children's I94?

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Expert:  Longhorn Lawyer replied 318 days and 2 hours ago.

In your case, I don't believe it is coincidence that the I-94 and the visa stamp expire on the same date. And the fact that the visa will expire in less than 6 months is a major factor. What the officer at the port of entry does is his decision.

I hope I have answered your questions. Please click one of the ratings below, to let me know if the information I've provided has been helpful, or if you need further clarification.

Note that this rating reflects whether you received an answer to your question, not whether you are satisfied with the results. Remember, Experts do not write the law - we only tell you what the rules are, and how they might apply in the situation you describe. So please don't hold bad news against me.

If you need clarification, please do not leave negative feedback. Instead, please feel free to ask follow-up questions, and I will be happy to clarify things for you.

Also consider leaving a BONUS - it is much appreciated.

Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question.

Thank you!

Customer replied 318 days and 2 hours ago.

Can you also also respond to second part of my question above (follow up)? Assuming that it can be extended - if I travel out alone and got a I94 extension, how to make the new date reflect in spouse/children's I94?

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Expert:  Longhorn Lawyer replied 317 days and 14 hours ago.

Sorry about that. They would submit form I-529, Application to Change or Extend Non-Immigrant status, based on your new I-94.

I hope I have answered your questions. Please click one of the ratings below, to let me know if the information I've provided has been helpful, or if you need further clarification.

Note that this rating reflects whether you received an answer to your question, not whether you are satisfied with the results. Remember, Experts do not write the law - we only tell you what the rules are, and how they might apply in the situation you describe. So please don't hold bad news against me.

If you need clarification, please do not leave negative feedback. Instead, please feel free to ask follow-up questions, and I will be happy to clarify things for you.

Also consider leaving a BONUS - it is much appreciated.

Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question.

Thank you!

Customer replied 317 days and 10 hours ago.

Thanks. Can you clarify your comment that "visa will expire in less than 6 months is a major factor". Which way is it a factor, and what impact it is likely to have? Also, I am still not quite clear about your answer "I don't believe it is coincidence that the I-94 and the visa stamp expire on the same date". Not clear why you think it wont be extended beyond visa (as in stamping on passport) expiration date. I am sorry, looking for some clarity here.

Accepted Answer

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Expert:  Longhorn Lawyer replied 316 days and 10 hours ago.

Can you clarify your comment that "visa will expire in less than 6 months is a major factor". Which way is it a factor, and what impact it is likely to have?
ANSWER: When a visa expires within 6 months of entry, generally, officers do not give an I-94 past that time. The visa expires for a reason - you have to sort of "check in" with the DHS. When you apply for a new visa, they check into your background again, etc. They want to make sure that you are still eligible for the visa and for the status. If they did not, they would just let people in, the person can run amok of the law, and the DHS would never know.

QUESTION: I am still not quite clear about your answer "I don't believe it is coincidence that the I-94 and the visa stamp expire on the same date". Not clear why you think it wont be extended beyond visa (as in stamping on passport) expiration date. I am sorry, looking for some clarity here.
ANSWER: I don't think I can be any more clear than I have been. The officer allowed you entry up to the date of the visa for a reason. They want you either to leave the US by that date, or seek an extension while in the US, before that date. You are better off seeking the extension while in the US, to get a new I-94.

Expert TypeImmigration Attorney
Category: Immigration Law
Pos. Feedback: 97.3 %
Accepts: 5409
Answered: 6/30/2012

Experience: Experienced in all aspects of immigration and nationality law.

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