Staying and re-entering on L-2, if Visa extension is under process

KR07

New Member
Hi All, Please help me resolving this query. My Current Visa and i-94 is valid until June 2022. And my visa extension (Form i-539) will go along with my Spouse visa (L-1) extension next month. In case i don't receive my extension before June and if i leave US for some personal engagement, then will i be allowed to enter US, if my spouse is here. Or will i be denied entry at port as my visa will be expired even if i-539 is in process.
 
You will need a valid visa to enter the US. Your EOS will be automatically abandoned when you leave the US (the result is moot since you will be entering the US on the basis of a visa anyway).
 
You will need a valid visa to enter the US. Your EOS will be automatically abandoned when you leave the US (the result is moot since you will be entering the US on the basis of a visa anyway).
Hi @newacct , If i enter US before my visa expiry? For example, i enter back on June 15th and my visa is until June 20th. And i enter with my spouse approved i-797C (with the condition my i-539 is under processing). Then they cannot stop me to enter right? that will be a valid entry. in this case, what date they will enter in my i-94? My visa end date i.e June 20th? Or my spouse petition end date?
 
Yes, you should be able to enter into L2 status because your L2 visa will still be valid on the date you enter. Since you have your spouse's new L1 petition approval with you, you should be admitted until the expiration date of that petition. What status you had on your last stay and whether you filed I-539 are irrelevant (other than to show that you did not overstay).
 
Yes, you should be able to enter into L2 status because your L2 visa will still be valid on the date you enter. Since you have your spouse's new L1 petition approval with you, you should be admitted until the expiration date of that petition. What status you had on your last stay and whether you filed I-539 are irrelevant (other than to show that you did not overstay).
thank you so much :)
 
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