E1 and I-94

SanEsteban

New Member
Hi,
my gf is on a E1 that expires at the end of November.
The I-94 end date is November 8. Her company has already agreed to renew the E1, but the US embassy abroad doesn't have appointment before January.

If we travel to Mexico this October to get a new I-94, my questions are
1) Can the immigration officer give a I-94 date that goes beyond the E1 expiration date? (At least till the end of January)
2) Is there a risk she might be denied entry returning from Mexico, as the E1 is expiring in less than a month? P.s. I am an American citizen.

Thank you.
 

newacct

Well-Known Member
Not sure what you mean by "the E1 expiration date". Do you mean the I-94 expiration date or visa expiration date?

US visas are solely for entry, and the visa's expiration date just means the last date you can use that visa to enter. It has nothing to do with how long she can stay in the US. So for example she can enter on the day that the visa expires and be admitted for 2 years. E1 are generally admitted for 2 years, unless the passport expires sooner. Of course there is always the risk of being denied entry for immigrant intent. Having a significant other who is a US citizen might make denial of entry more likely.

She doesn't have to leave the US -- her company can file I-129 for E1 extension of status.
 

SanEsteban

New Member
Not sure what you mean by "the E1 expiration date". Do you mean the I-94 expiration date or visa expiration date?

US visas are solely for entry, and the visa's expiration date just means the last date you can use that visa to enter. It has nothing to do with how long she can stay in the US. So for example she can enter on the day that the visa expires and be admitted for 2 years. E1 are generally admitted for 2 years, unless the passport expires sooner. Of course there is always the risk of being denied entry for immigrant intent. Having a significant other who is a US citizen might make denial of entry more likely.

She doesn't have to leave the US -- her company can file I-129 for E1 extension of status.

I thought my message was clear, the E1 expires at the end of November, the I-94 on November 8.

The I-129 takes a few months to be approved these days. Would I be I wrong in saying that the employer is at fault if they allow my gf work after the I-94 has expired and before the I-129 has been approved?

Unless I am wrong, our best option at this moment is Mexico.
In late January she has an appointment, scheduled at the US embassy abroad, and she will carry the appointment notice for our trip to Mexico.

>> Of course there is always the risk of being denied entry for immigrant intent.
>> Having a significant other who is a US citizen might make denial of entry more likely.

Is that so? How concrete is the risk, in your opinion, based on these information?

>> So for example she can enter on the day that the visa expires and be admitted for 2 years.

OK, but does this make any sense? If an immigration officer sees the E1 expiration date, would they allow 2 more years in US?

Recap:
E1 expiration: Nov 28
I-94 expiration: Nov 8
US embassy app. for E1 renewal: January 31
Date of departure from US: October 20
Date of re-enter in US: October 28

Thank you.
 

newacct

Well-Known Member
I thought my message was clear, the E1 expires at the end of November, the I-94 on November 8.
Which document is expiring at the end of November? The visa?

Would I be I wrong in saying that the employer is at fault if they allow my gf work after the I-94 has expired and before the I-129 has been approved?
Someone in worker status is authorized to work for 240 days after I-94 expiration while an extension is pending.
 
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