Will an I-94 visa stay affect my immigration status? 6 Answers as of April 29, 2011

My US L1B Visa got expired on March 23rd 2011. I have my I-94 till 2013. Since my visa is expired, My parent company says I cant apply for extension being in US. Could you please advice on the below. 1. Issues or risks staying in I94.2. Risks that I would face when I apply for US visa for the next time due to my prolonged stay with I-94 date even after my visa is expired3. Is there a possibility of applying for H1 or any work visa during my stay with I94. Thanks.

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Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
Your parent company has advised you correctly. You had better get moving.

The expiration date on your L1B visa is the date you should have left the United States. Every day you stay here after that is accumulating "unlawful presence". The longer the unlawful presence, the worse the consequences. You could end up with a ten-year bar for re-entry.

Once your visa has expired, you cannot convert to another type of visa. You have to leave the country and apply again.
Answer Applies to: Washington
Replied: 4/29/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Once you overstayed, you will be barred for 3-10 years to enter in US depending on how long you have overstayed. You can't fix it here in US unless you marry a US citizen. Be aware, the marriage has to be truthful and will be under extreme scrutiny. You can go back to your own country and apply for a waiver for inadmissibility at consulate. Good luck!
Answer Applies to: Florida
Replied: 4/29/2011
Devore Law Group, P.A.
Devore Law Group, P.A. | Jeffrey A. Devore
Your lawful stay in the U.S. is controlled by the validity dates of your I-94 card. The physical visa in your passport may expire prior to your I-94, but that does not make you unlawful. The expiration of the I-94 should match the expiration date of your L-1B petition. You cannot obtain a new visa in the U.S. Visas are only issued outside the U.S. at American Embassies or Consulates. If you want to travel outside the U.S. you will need to obtain a new L-1B visa to return.
Answer Applies to: Florida
Replied: 4/29/2011
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Unfortunately, your employer is correct. Your I-94 has the maximum number of years it can be used, usually 10 years. But it is the date on your visa that counts. If you make plans and leave now, then if done by September 2011, then there is no penalty. If not, it is an immediate three-year ban to future visa application. You will be required to return for your employer to apply for the L1B, and if not subject to waiver, then you will have to wait two years to come back. Best to you. Unless there is a possibility of a marriage-based visa, for an employer may not petition while the applicant (you) is in the USA out of status, you must return. If you have any questions, or wish an in person consultation, feel free to call or e-mail to set up an appointment.
Answer Applies to: California
Replied: 4/29/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
The expiration date on your I-94 determines how long you can remain in the US in that particular status. The expiration date of you visa, means you cannot use that visa to enter the U.S. if you leave the U.S. However, if you don't leave the US, it does not matter that your visa expired. If you I-94 is not expired, you can file to change your status to H1B from L1B.
Answer Applies to: California
Replied: 4/29/2011
    Law Offices of Caro Kinsella
    Law Offices of Caro Kinsella | Caro Kinsella, Esq.
    As you are dealing with your future here in the U.S. best to give me a call to make sure I understand you correctly and advise you accordingly. But the I-94 gives you your authorized stay in the U.S. and this is the controlling document, your visa is the entry document nothing more. s record can be corrected.
    Answer Applies to: Florida
    Replied: 4/29/2011
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