I94 Expiry in a week

[sowmindra]

Hi,
I have a question regarding I94.
I have my L1 visa valid till 12-FEB-2004, but my petetion is valid till 2007,
When i recently in december, went to India and came back, the immigration officer gave me I94 only till 12-FEB-2004,
its only 10 days away now,
My company decided to apply for extension with USCIS, but can i stay without valid I94, even if i apply for I94, can i stay in US,
I heard that i can stay if i get an acknowledgement from USCIS, but what if i dont get acknowledgement by that time.
Also my manager says that i am legel to stay after i apply for extension with the help of post receipt, even without ackownledgement.
I am already confused, and tentative now.
Should i block the ticket to go back and get a new visa or should i stick here and hope to get the extension.

Please help me.

Thanks in advance
Sowmindra

 

[Chris Brunot]

You need to file for extension before your I-94 expires. This means that it would be ok for you if your extension application reaches the USCIS on or before Feb 12. Then you don't need to leave the US, and in fact, it would be advisable not to leave the US until you get the extension approved.

Your stay will be legal and the postal receipt and thereafter the Receipt Notice with the Application Receipt Number sent by the USCIS would be sufficient proof of filing the extension petition. So no need to worry. Once your extension is approved, you can stay till the date your petition is extended. But you will need a valid visa to re-enter, whenever you leave the US.

Confused between visa and status and I-94??? You can read about the differences at http://www.visapro.com/Immigration-Articles/?a=176&z=30

A Visa is a stamp placed in the passport by a U.S. Consulate outside the U.S. All visas serve merely as entry documents. Status on the other hand, is the group of privileges given to a foreign national while receiving immigration benefits at the port of entry. When a foreign national is legally admitted to the U.S., he acquires a Status.