Login|Contact Us
Question and Answer

Immigration Law

Ask an Immigration Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

I have a L1B visa that expires Aug 19th (having been extended

 
Guillermo J. Senmartin, Esq.'s Avatar
  • Answered by:Guillermo J. Senmartin, Esq.
  • Immigration Lawyer
  • Positive Feedback: 99.0 %
  • Accepted Answers: 26823
Verified Expert
in Immigration Law

Recent Feedback

Positive
thanks for the quick response getting a little nervous bcuz my truck is going in...
Positive
I think Mr. Senmartin is well educated and knows the law. I wished I had got to...
Positive
Very timely response and the answers were explained clearly. He is very...
Positive
The service I received from Guillermo J Senmartin was superb. Will never go...
Positive
Do I still have time to change it here, because I only have 2 1/2 months here in...
Positive
hi,can i change the expert,
Positive
Thank you!
Positive
I appreciated how quickly his responses were. Even after 10pm.
Positive
Excellent answers. Thank you very much.
Positive
Do I need to explain my situation to the immigration authorities?

Customer Question

I have a L1B visa that expires Aug 19th (having been extended to full extent of 5 years), with a compliant I94. An application is in to change to L1A to get me 2 extra years which is being priority processed. Can I stay in the USA after the L1B expires but before the L1A status is granted - if so, for how long? Also, if the L1A change is rejected, how soon would I have before I had to leave the USA for 365+ days before re-applying. I also have GC application being processed...

 

Optional Information:
State/Country relating to question: United States

Already Tried:
I have a company attorney acting for me who says I can stay for 240 days, although it means I cannot leave the country, even for a day, so this is just for confirmation / second opinion

Submitted: 272 days and 15 hours ago.
Category: Immigration Law
Value: $45
Status: CLOSED

Accepted Answer

Picture
Expert:  Guillermo J. Senmartin, Esq. replied 272 days and 15 hours ago.

Hello. Technically, as long as your L-1A application is pending, you are still in legal status even after your I-94 expires. IF your L-1A is denied, then you have to leave the U.S. immediately (within 10 days, generally). For an EXTENSION of status, you are allowed to be employed for 240 days after your request is submitted. Take a look at this link:

 

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&rgn=div8&view=text&node=8:1.0.1.2.54.2.1.1&idno=8

 

Section 20 applies to you:

 

(20) A nonimmigrant alien within the class of aliens described in paragraphs (b)(2), (b)(5), (b)(8), (b)(9), (b)(10), (b)(11), (b)(12), (b)(13), (b)(14), (b)(16), and (b)(19) of this section whose status has expired but who has filed a timely application for an extension of such stay pursuant to §§214.2 or 214.6 of this chapter. These aliens are authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay. Such authorization shall be subject to any conditions and limitations noted on the initial authorization. However, if the district director or service center director adjudicates the application prior to the expiration of this 240 day period and denies the application for extension of stay, the employment authorization under this paragraph shall automatically terminate upon notification of the denial decision;

 

(b)(12) is for L-1 visas. They only issue that I would see is that your petition is actually a CHANGE of status not an EXTENSION of status, but I think it would be better for you if it was seen as a change of stauts because then it should not be 240 days limit but as long as the change of status is pending.

 

Please let me know if you have any additional questions. I would be happy to answer them for you without additional charge. If there is a delay in getting back to you it is either because I am answering other questions or I had to log off, but I will be back with you as soon as possible. It is VERY important that if you are not satisfied, please ask additional questions. My goal is to provide you with top-notch service. And please don't forget to rate me, but please rate me on my service to you, not the state of the law because I have no control over that. Also, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Expert TypeImmigration Lawyer
Category: Immigration Law
Pos. Feedback: 99.0 %
Accepts: 26823
Answered: 7/12/2012

Experience: 10+ years of experience in various aspects of U.S. Immigration Law.

Ask this Expert a Question >
 
Tweet

2 Immigration Lawyers are Online Right Now

Ask Your Question Now
Immigration Law Questions Date Submitted
We are international graduate student came to U.S. with F1 4/10/2013
what should i do if a have a criminal subpoena to testify as 4/8/2013
Hello, My question is in regards XXXXX XXXXX law I'm currently 4/8/2013
i am a U.S. permanent resident since December 2010. I am a religious worker. What is the l 4/6/2013
Is Barrister Mike Ihem a lawyer or working in Fidelity Immigration 4/5/2013
if i applied for my citizenship and never followed up on it 4/3/2013
Hi, I got cought from immigration officer for fraud marriage. 4/2/2013
I am the ex. dir. for an online training course to certify 4/1/2013
Name change 4/1/2013
can I chat with you and tip you $50 for 30 minutes sessions 3/31/2013
RSS
Next 10 >
Ask an Immigration Lawyer
Type Your Immigration Law Question Here...
characters left:

Top Immigration Law Experts

See More Immigration Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Immigration Law

  • Questions about Passport Renewal Rules
  • Questions on Misrepresentation Laws
  • Questions about K1 Visa Process
  • Questions about Temporary Visa
  • Questions about Lost Green Card
  • Cease and Desist Notice Related Questions
  • Questions on Breaking a Lease Agreement
  • Questions on Division of Property
  • Suspension of Deportation
  • USCIS Questions
All Immigration Law Articles
 
 
 
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask an Immigration Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
125 Immigration Lawyers are Online Now
Type Your Immigration Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2013 JustAnswer LLC