# L1 and Visa expired but I-94 valid. Can I stay in US legally?



## lenzer (Oct 1, 2008)

My L1-A petition expired in Sep 29 2008. My visa also expired on same date. My I-94 is however stamped till Dec 15 2008. Immigration officer had told me that I can stay legally in US until Dec 15 as I had work till then and she indicated the same date in my passport and I-94. Few legal people say that I-94 can not be issued for validty beyond L1 expiry date and hence I should not have stayed in US.

I want to know whether I-94 date takes priority over L1-petition expiry? If not, what should I do now?


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## mikew (Jun 1, 2008)

lenzer said:


> My L1-A petition expired in Sep 29 2008. My visa also expired on same date. My I-94 is however stamped till Dec 15 2008. Immigration officer had told me that I can stay legally in US until Dec 15 as I had work till then and she indicated the same date in my passport and I-94. Few legal people say that I-94 can not be issued for validty beyond L1 expiry date and hence I should not have stayed in US.
> 
> I want to know whether I-94 date takes priority over L1-petition expiry? If not, what should I do now?


We will have a similar concern, our lawyer agreed and told us the I-94 is the overriding document and should be issued for a fixed period - however the Immigration officer at our last entry tied the date to our Visa.

As to what to do now - it depends on your plans for after the I-94 expires - if you intend to leave - no problem - if you intend to stay - contact a good lawyer.


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## stocksy (Jun 2, 2009)

i visited the uk last month, my arrival day back to us was 7 may. when i got to customs the guy stamped my i94 as 6th may 2009 arrival and where it says class until he wrote 

"L1 6th may 2012"

now my L1a visa expires in october 2009

does the i94 allow me to live and work still in the usa until 2012?


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## stocksy (Jun 2, 2009)

stocksy said:


> i visited the uk last month, my arrival day back to us was 7 may. when i got to customs the guy stamped my i94 as 6th may 2009 arrival and where it says class until he wrote
> 
> "L1 6th may 2012"
> 
> ...


*guy stamped my i94 as 6th may 2009 arrival/B] this should say 7th may arrival*


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## Davis1 (Feb 20, 2009)

Your I-94 is valid for 2 years ...


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## stocksy (Jun 2, 2009)

Davis1 said:


> Your I-94 is valid for 2 years ...


so i can live and work here until 2012 even though my visa expires in october but i94 states expires 2012?


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## Davis1 (Feb 20, 2009)

stocksy said:


> so i can live and work here until 2012 even though my visa expires in october but i94 states expires 2012?


Technically you are supposed to leave about 10/30 days of your job finishing

but if you wish to renew the visa you have to do that an an overseas 
consulate... I an not sure what your situation is


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## stocksy (Jun 2, 2009)

Davis1 said:


> Technically you are supposed to leave about 10/30 days of your job finishing
> 
> but if you wish to renew the visa you have to do that an an overseas
> consulate... I an not sure what your situation is



if i do not leave the country during the 3 yrs that i have on the i94, am i legally ok to stay here?


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## Davis1 (Feb 20, 2009)

stocksy said:


> if i do not leave the country during the 3 yrs that i have on the i94, am i legally ok to stay here?


You will be out of status since you stopped working, but you don't start accruing unlawful presence until after your I-94 expires.... 

Not the best situation to be in if you future is out there


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## stocksy (Jun 2, 2009)

can i remain to work with the i94?


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## Davis1 (Feb 20, 2009)

stocksy said:


> can i remain to work with the i94?


Of course not...you have no status ...and if you are leave too late you may well have problems getting a futher visa in the future


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## stocksy (Jun 2, 2009)

Davis1 said:


> Of course not...you have no status ...and if you are leave too late you may well have problems getting a futher visa in the future



ok, so,

i now know i am permitted to stay in this country for the next 3 yrs, even though my visa expires this year.

what was the purpose for the homeland security officer to do this?

what are the reasons for him allowing me to stay in this country for a further 3 years if i have no status?


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## Davis1 (Feb 20, 2009)

stocksy said:


> ok, so,
> i now know i am permitted to stay in this country for the next 3 yrs, even though my visa expires this year.
> what was the purpose for the homeland security officer to do this?
> what are the reasons for him allowing me to stay in this country for a further 3 years if i have no status?


You came in with still time left on you L1A visa a 2 year I-94 is standard ...


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## stocksy (Jun 2, 2009)

talking to a immigration lawyer, she has informed me that the reason my i94 has been stamped 

"L1 class until 6th May 2012" 

means that my L1a status has been renewed by the homeland security. The visa in my passport is merely a means of me getting back into the country. After oct 09, with my current visa I will not be able to return with it.

she informed me that if I do not plan to leave the country I am fine to remain here to live, work and pay taxs with my i94...

If I was to leave the country I would have to apply for a renewal of the L1 at the US consulate in that country and that at that specific Consulate, it is their discretion weather they give me a visa renewal or not.


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## Davis1 (Feb 20, 2009)

Yup thats correct ... until you leave the said job that gave the the L-1


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## stocksy (Jun 2, 2009)

Davis1 said:


> Yup thats correct ... until you leave the said job that gave the the L-1


lets me please just ask this one more time just so we are on the same page.....

My L1a visa expires in October 09, Ive had the visa for 3 years. Come October it is time to renew for the 1st of my 2 yr renewal's. The visa is potentially valid for 7rs.

I went to UK last month and on my return to the USA the customs officer placed a stamp in my i94 as admitted and wrote "L1 class until 6th May 2012.

Now there is a chance come October that the 1st of my 2yr renewal of my L1a will not go through.

So now my question is:

If my L1 does not get renewed in October will I still be able to stay and work as I have a stamp in my i94 stating "L1 class until 2012"?


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## Davis1 (Feb 20, 2009)

stocksy said:


> lets me please just ask this one more time just so we are on the same page.....
> 
> My L1a visa expires in October 09, Ive had the visa for 3 years. Come October it is time to renew for the 1st of my 2 yr renewal's. The visa is potentially valid for 7rs.
> 
> ...


If the job is no more ..your leave ..thats it


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## stocksy (Jun 2, 2009)

i will still have the job

the 2 yr renewal may not happen


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