L1-B is about to expire , need some inputs on How to take next steps?

M

Madpam

New Member
Hello All,

We are on L1B -L2 from May 2008. Our current visa will expire on May 2011.
But the strange issue is we have I-94 valid till May 2013. Do we need to go back to India for extension? Our employer suggested that Since you have valid I-94 till 2013, You can stay in USA just on I-94 and whenever next time you are visiting india we will get your new L1 petition instead of renewing the current petition.

I have few questions:
Is it legal to stay just on I-94?
What will be beneficial for us to get GC, New L1 petition or renewal of current petition?
When we enter next time with new L1-B petition, will have to apply for new social security and everything?
Can we file H1-B if our employer is ready to file in this situation?

Is there anybody who have travelled on this path?

Appreciate your reply and comments.
 
I'm not an expert, but i believe you cannot get another L1B once your 5 years has expired. If you have never renewed you L1B, you should be eligible to renew it for at least another 2 years.
Also, i think that you cannot get an employment based GC off of an L1B visa, only an L1A so unless you have a relative USC you may eventually run out of status unless you can find another option.
Your Social Security card will always be good, but if you run out of status, you won't have much use for it anyway.
The H1-B option would really depend on your employer, your occupation and / or education.
 
gmcjing said:
Also, i think that you cannot get an employment based GC off of an L1B visa, only an L1A so unless you have a relative USC you may eventually run out of status unless you can find another option.
Click to expand...

Not true. Your employer can file for Employment based Green Card if you are on an L1B visa.
 
Madpam said:
Hello All,
I have few questions:
Is it legal to stay just on I-94?
What will be beneficial for us to get GC, New L1 petition or renewal of current petition?
When we enter next time with new L1-B petition, will have to apply for new social security and everything?
Can we file H1-B if our employer is ready to file in this situation?
Click to expand...

I-94 is your status. Visa is only needed to gain the right to apply for status at the port of entry. Once you got your status (I-94) - visa is meaningless. So yes, according to what you described, the employer is right, and you can stay as long as you keep your status. Once you leave the country, you lose the status, and will need a valid visa to apply anew (i.e.: you'll need a new visa when you reach the port of entry on your way back to the US).

If you have an option of GC - obviously that would be the most beneficial: you'll be free to work whenever and wherever in the US without limitation and come and go as you please (as long as you maintain your residency status). But you need the employer to sponsor you, and it is a lengthy process.

H1B is a shorter option, but it brings almost no benefits for you (you can stay in the US for 6 years on H1B vs 5 on L1B, and the previous stay on L1B counts, so you gain a year, but you lose the EAD for the spouse). You can file H1B, if the employer is willing to sponsor. However, you'll still need a new visa if you leave the US, so I see no benefit in it, really.
 
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